Region: Africa & Middle East

HOT off the press…

In a case of alleged copyright infringement committed through the bundling of foreign television channels, Judge Esther Shtemer recently awarded the substantial sum of NIS19 million in damages. Referring to the Supreme Court's decision in <i>Tele-Event</i>, she held that retransmission constituted copyright infringement.

12 October 2011

Can ISPs be held guilty for linking to bootleg movies?

In a case relating to the download of copyright-protected films, Judge Ofer Grosskopf recently ruled that supporting and displaying lists of links to films was not in itself a culpable act of infringement. He held that provided that an internet service provider has a removal on request policy, it is not culpable for acts of infringement resulting from such links.

05 October 2011

Supreme Court orders rights holders to fund destruction of infringing goods if importer defaults

The Supreme Court recently ruled that rights holders should bear the cost of storing and destroying infringing goods where Customs cannot collect from the importer. The court saw no justification to use public funds to cover the cost of protecting private property, overruling the district court's decision to that effect.

31 August 2011

"Hatikvah" – a hopeless copyright case

“<i>Hatikvah</i>” is the national anthem of Israel. In 2008 a French singer, producer and songwriter and Israeli air carrier El Al both produced versions of the anthem. Perez's claim for copyright infringement was recently rejected by Judge Hadas Ovadia, who concluded that the recordings, taken as a whole, were substantially different.

17 August 2011

Supreme Court rules on contributory copyright infringement

In an important recent decision the Supreme Court recognised contributory infringement in copyright. Although the case in question related to book publishing, the decision is expected to have repercussions concerning the downloading and reproduction of digital data.

13 July 2011

Cat fight: does TIGRIS trademark infringe PUMA's rights?

The deputy commissioner has accepted PUMA's opposition to a combination word-image obtained by clothing manufacturer Tigris. However, there appears to be little logic in this decision: it is difficult to see the two marks as confusingly similar, and other companies have marks featuring feline silhouettes so PUMA clearly has no monopoly on such marks.

29 June 2011

Supreme Court upholds rosiglitazone maleate (Avendia) patent despite earlier claim

In a case involving a patented drug and its generic versions, the Supreme Court has held that where there is adequate support for a dependent claim and it is fairly based on the specification, the dependent claim can survive even if the independent claim on which it was based was invalidated. It is hoped that this judgment will lay this controversial issue to rest.

22 June 2011

Can unjust enrichment justify an injunction during patent opposition period?

The Supreme Court has upheld a refusal of the Tel Aviv District Court to grant an injunction to Merck, the applicant for a pharmaceutical patent for Focalin, in order to prevent generic competitors from exploiting a patent during the post-examination opposition period. Merck had cited unjust enrichment as grounds for the injunction.

15 June 2011

Can rubber window seals be registered designs?

Deputy Commissioner Noah Shalev Shmulovich recently considered the validity of a design registration for a window seal for the regulation window of a sealed room. After considering all the issues, he ruled that the customer was the building contractor and not the home purchaser, and considered the design to be sufficiently novel and original to be registrable.

27 April 2011

Judge finds copyright in ring infringed

Jewellery manufacturer H Stern recently sued Aryeh Poziloff for marketing and selling a similar but substantially cheaper version of H Stern's Juliana ring, which is decorated with a seal of Solomon and has five pointed stars engraved inside the band. The case was brought on a variety of grounds, including trademark and copyright infringement, and unjust enrichment.

13 April 2011

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