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With the new Designs Law 5777-2017 enacted in 2018, Israel has established a modern design protection system with a three-tier structure of registered designs, unregistered designs, and supplementary designs. Coupled with the country's accession to the Hague Agreement (effective in 2020), filing design applications in the country, which is known as a startup powerhouse, is becoming increasingly important in practice. In this article, we will explain the overall picture of the system that is directly connected to application practice.
Table of Contents
| Item | Registered design | Unregistered design | Supplementary design | Hague designation |
|---|---|---|---|---|
| Registration required | required | Not required | Required (attached to main design) | Specified via WIPO |
| Protection requirements | Novelty + unique character | Novelty + unique character + commercial sales/distribution within Israel | Non-essential differences from the main design | Same standards as registered designs |
| Duration | Up to 25 years from the filing date (updated every 5 years) | 3 years from relevant date | Linked with main design | Up to 25 years |
| Right range | Same + same overall impression | Anti-counterfeiting (narrow) | Equivalent to main design | Equivalent to registered design |
| Customs measures | Available | Unavailable | Available | Available |
Israel's current design law is Designs Law 5777-2017, enacted on July 26, 2017, and enforced on August 7, 2018. It completely replaces the old law (Patents and Designs Ordinance) and adopts a structure similar to the EU design system.
"Goods" under the Act include the following:
"Design" means the visual appearance of an article or part thereof, including lines, outlines, colors, shapes, textures, materials, and decorations.
In order to receive protection as a registered design, the following two substantive requirements must be met.
Novelty
The same design has not been made available to the public before the relevant date. Designs that differ only in non-essential details are considered to be the same.
Individual Character
The overall impression given to an informed user is different from the design made available to the public before the relevant date.
The definition of "relevant date" varies depending on the type of design.
For applicant's own disclosures, a grace period of12 months before the relevant date is allowed. However, you must notify this fact at the time of application.
The rules regarding the attribution of design rights are as follows.
| Type | Rightholder | Remarks |
|---|---|---|
| Principle | Designer | Natural person who created the design |
| Employment relationship | Employer | Unless otherwise agreed |
| Commission | Commissioner | Unless otherwise agreed |
| Transfer/exclusive license | Parties to the contract | Written agreement required |
Applications will be published as soon as possible, but may be defermented for up to 6 months at applicant's request.
It is allowed to include more than one design in one application, but the authorities can order division.
The Israel Design Office has strict requirements for drawings and images.
| Method | Description |
|---|---|
| Broken lines | Dotted lines indicate areas where rights are not claimed |
| Blurring | Blur out unnecessary parts |
| Blacking/Whiting | Black out or outline unnecessary parts |
For screen displays, multiple frames may be submitted as an animation sequence.
Examination will be conducted in filing order after publication. Amendments to the application are limited to non-essential changes and amendments that change the substance of the design are not permitted.
A request for cancellation of a registered design can be made at any timewithout time limit during the validity period of the right.
A registered design has a maximum term of 25 years from the filing date and must be renewed every every five years. Even if the renewal deadline has passed, there is a 6-month late payment period (additional fees apply), and further restoration is possible.
The effect of a registered design right extends not only to designs that areidentical to the registered design, but also to designs that givethe same overall impression to an informed user.
Israel's new design law follows the EU system and introduces protection for Unregistered Designs.
Duration
3 years from the relevant date
Right range
It is mainly limited to anti-copying and has a narrower scope than registered designs.
The supplementary design system is similar to the related design system in Japan.
Manufacturing or importing products using the same design as a registered design is subject to criminal penalties. Please note that criminal penalties are limited to cases where the two cases are "identical" and do not apply to cases where the two cases are similar.
Israel acceded to the Hague Convention Geneva Act on October 3, 2019, with effect from January 3, 2020.
| Item | Content |
|---|---|
| Rejection notification period | 12 months from international publication date |
| Publish deferred | Up to 6 months |
| Individual specification fee | Individual designation fees |
| Maximum lifetime | 25 years from the filing date |
When filing a design application and exercising rights in Israel, the following practical points should be kept in mind.
AUTHOR
Takefumi SUGIURA (杉浦 健文)
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).
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