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Registration requirements
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
- Legal system/protected objects
- Registration requirements
- Rights attribution
- Application procedure
- Drawing/image requirements
- Examination/Registration/Cancellation
- Validity and duration of registered design
- Unregistered design
- Supplementary Design
- Infringement/Remedy/Customs/Criminal
- Relationship with the Hague Agreement
- Practical points of view
Overall picture of Israeli design protection
| 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 |
1. Legal system/protected objects
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.
"Product" range
"Goods" under the Act include the following:
- Industrial products or handicrafts
- Sets
- Packaging
- graphic symbols
- screen displays
Exclusions: Typefaces and computer programs are explicitly excluded from protection.
"Design" means the visual appearance of an article or part thereof, including lines, outlines, colors, shapes, textures, materials, and decorations.
2. Registration requirements
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.
Relevant Date
The definition of "relevant date" varies depending on the type of design.
- Application design:Application date (priority date if priority is claimed)
- Unfiled design:First publication date
Gray period
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.
Reason for exclusion from registration
- Designs that violate public order and morals
- purely functional features determined exclusively by technical functions
- Features that must be reproduced in exact shape and dimensions in order to be mechanically connected to other articles (must-fit features)
3. Rights attribution
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 |
Practical point:In the case of commissioned creation, a feature in Israel is that the rights belong to the contractor. When outsourcing to an external designer, you need to be careful about the default rules, which are the opposite of those in Japan.
4. Application procedure
Required matters for application
- Applicant's name and address
- Israel address for service
- Classes and subclasses of Locarno classification
- Visual representation (drawings or images)
- Prescribed fees
Claim priority
- Priority period: 6 months from the earliest filing date
- Claim deadline:Claim priority within 2 months of filing
- Document submission:Priority documents must be submitted within 2 months of claim
Publishing and deferring
Applications will be published as soon as possible, but may be defermented for up to 6 months at applicant's request.
Multiple design application
It is allowed to include more than one design in one application, but the authorities can order division.
5. Drawing/image requirements
The Israel Design Office has strict requirements for drawings and images.
How to express parts that do not require rights
| 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 |
Special rules for screen display
For screen displays, multiple frames may be submitted as an animation sequence.
Note:Color consistency is required for all drawings and images. Submitting only some drawings in color and others in monochrome is not permitted.
6. Review/Registration/Cancellation
Judging process
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.
Expedited examination:If there are valid reasons, it is possible to request Expedited examination.
Cancellation procedure
A request for cancellation of a registered design can be made at any timewithout time limit during the validity period of the right.
7. Validity and duration of registered design
Duration
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.
Scope of rights
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.
Exclusive actions of right holder
- Commercial manufacture of articles to which the design is applied;
- Sales/Lease/Distribution
- Import(excluding personal use)
- holding for the above acts.
8. Unregistered design
Israel's new design law follows the EU system and introduces protection for Unregistered Designs.
Protection requirements
- Novelty + unique character
- A commercial sale or distribution has taken place in Israel within 6 months of the relevant date
Duration and scope of rights
Duration
3 years from the relevant date
Right range
It is mainly limited to anti-copying and has a narrower scope than registered designs.
Transition to registration:An unregistered design can be converted to an application for registration within12 months from the relevant date.
9. Supplementary Design
The supplementary design system is similar to the related design system in Japan.
Requirements
- There are only non-essential differences from the main design
- Filing at the same time as the main design or during the validity period of the main design
Important:The supplementary design is linked to the fate of the main design. If the main design is canceled, the supplementary design also loses its effect.
10. Infringement/Remedy/Customs/Criminal
Civil Remedies
- Infringement of design rights constitutes a civil tort
- Injunctions can be requested
- Statutory damages:Up to 100,000 NIS per infringement (no proof required)
- Good faith defense allowed
Criminal sanctions
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.
Customs measures
For registered designs only:Customs border measures are available only forregistered designs. Not available for unregistered designs. The rights holder must provide visual materials and abond.
11. Relationship with the Hague Agreement
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 |
12. Practical points of view
When filing a design application and exercising rights in Israel, the following practical points should be kept in mind.
Screen displays and graphic symbols are protected
In Israel, a startup powerhouse, screen displays (screen Displays and graphic symbols are explicitly included in the protection of designs. When considering the protection of UI/UX designs, Israel is a potential filing destination.
In Israel, a startup powerhouse, screen displays (screen Displays and graphic symbols are explicitly included in the protection of designs. When considering the protection of UI/UX designs, Israel is a potential filing destination.
Beware of the default rules for commissioned works
In Israel, designs created by commission belong to the commissioner, unless otherwise agreed. The default rule is the opposite of Japanese copyright law, so you should carefully check attribution clauses when contracting with external designers.
In Israel, designs created by commission belong to the commissioner, unless otherwise agreed. The default rule is the opposite of Japanese copyright law, so you should carefully check attribution clauses when contracting with external designers.
Unregistered designs have limited protection
Unregistered designs last only three years, and the scope of rights is limited to preventing counterfeiting. If you are seeking effective protection, we recommend filing a registration application within 12 months.
Unregistered designs last only three years, and the scope of rights is limited to preventing counterfeiting. If you are seeking effective protection, we recommend filing a registration application within 12 months.
Registration required for customs measures
Border injunctions are only available for registered designs. Design registration is an essential prerequisite when aiming to prevent the import of counterfeit products.
Border injunctions are only available for registered designs. Design registration is an essential prerequisite when aiming to prevent the import of counterfeit products.
Take advantage of the 6-month publication deferral
Israel allows up to 6 months of publication deferral. If you need to maintain confidentiality before product announcement, you should actively utilize this system.
Israel allows up to 6 months of publication deferral. If you need to maintain confidentiality before product announcement, you should actively utilize this system.
Use of grace period must be notified at the time of application
If you wish to use the 12-month grace period, you must notify that fact at the time of application. Late notifications are not accepted, so confirmation is essential at the application preparation stage.
If you wish to use the 12-month grace period, you must notify that fact at the time of application. Late notifications are not accepted, so confirmation is essential at the application preparation stage.
References/Sources
- Designs Law 5777-2017 (Israel Designs Law)
- Designs Regulations 5778-2018
- Israel Patent Office (ILPO) — Official website
- WIPO Hague System — Hague System Portal
- WIPO Lex — Designs Law 5777-2017 Full text
Israeli design Design registration Hague Agreement Unregistered design Intellectual property Designs Law 5777-2017
