ASHIR<\/a> approach.<\/p>\n\n
This famous precedent considers\u00a0imitation a form of healthy competition. \u00a0In addition, non-registration of IP by the original designer should allow imitators to act with impunity. \u00a0In particular if no evidence of willful unjust enrichment can be furnished the courts would not intervene.<\/p>\n
Attendant Knesset member Eitan Cabel was the patron of the new legislation. \u00a0 Not a lawyer himself nor an expert in the field of designs, he attributed the content and form largely due to the efforts of advocates David, Sa'ar Alon and \u00a0others from the private sector, and members of the Design department of the Israeli Patent, Design and Trademark Office. \u00a0 Interestingly the major lobby for the change was apparently the Press.<\/p>\n
We would have thought there would be a lobby of companies that file a lot of Israeli design applications. \u00a0Those might have pushed against rights for unregistered designs.<\/p>\n
Ironically, the legislator's major interest in the Israeli Design Law was his personal \u00a0interest in fonts. \u00a0He earnestly wanted the Law to cover the fonts as well. However the font creators did not want to be identified as designers and prefer to be considered as artisans. Thus fonts are excluded from the Law.<\/p>\n
According to Asa Kling, former Patents, Designs and Trademarks Commissioner, Israel's designs were a kind of "little brother" of utility patents, \u00a0 being governed by an archaic ordinance from 1925. \u00a0 The new Israeli Law for industrial designs makes the former status a thing of the past. \u00a0This change is much as is happening in Japan, Korea and some other countries.<\/p>\n
The portion of individual applicants of Israeli design patents is about 40%. \u00a0The high portion should justify allowing the designs to be largely or wholly governed by the applicants. \u00a0However, Asa thought that \u00a0the new Law needs some major revisions and auxiliaries to allow self-governance to occur.<\/p>\n
For example, there will be difficulties in interpretation of what various key terms mean. \u00a0For example, "general impression" serving to distinguish between different designs. \u00a0There will be a multitude of dates to calculate \u00a0during the prosecution, including now a grace period.<\/p>\n
Notwithstanding, we do think that a patent administrator can do most of the prosecution under the new Law.<\/p>\n
The added option of exclusivity for an unregistered design for a limited period is user friendly. \u00a0 There is also an option to transit into registered design within 12 months of use.<\/p>\n
The procedures for the examination of design patent applications were only recently updated for the Ordinance. \u00a0These will still be in effect for over 15 years, for the applications filed until the new Law comes into effect. \u00a0These procedures \u00a0should largely be suitable for examination of applications under the new Law, but at this point this remains to be decided and drafted.<\/p>\n
According to\u00a0Dr. Victor H. Bouganim, the Law does have some differences from the EU directives and regulations. \u00a0The differences are apparently due to misunderstandings of some key terms such as complex products and "article".<\/p>\n
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We attended an AIPPI workshop about the new Israeli Design Law, which took place on September 19th 2017 in Tel Aviv, kindly sponsored and organized by Dr. Eyal Bressler. A summary of the new Law for industrial designs and a comparison with the ancient Ordinance is described here. Adv. David Gilat, a proponent of the […]<\/p>\n","protected":false},"author":2,"featured_media":3644,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20],"tags":[],"_links":{"self":[{"href":"https:\/\/ip-ta.com\/wp-json\/wp\/v2\/posts\/5324"}],"collection":[{"href":"https:\/\/ip-ta.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ip-ta.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ip-ta.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/ip-ta.com\/wp-json\/wp\/v2\/comments?post=5324"}],"version-history":[{"count":1,"href":"https:\/\/ip-ta.com\/wp-json\/wp\/v2\/posts\/5324\/revisions"}],"predecessor-version":[{"id":5947,"href":"https:\/\/ip-ta.com\/wp-json\/wp\/v2\/posts\/5324\/revisions\/5947"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ip-ta.com\/wp-json\/wp\/v2\/media\/3644"}],"wp:attachment":[{"href":"https:\/\/ip-ta.com\/wp-json\/wp\/v2\/media?parent=5324"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ip-ta.com\/wp-json\/wp\/v2\/categories?post=5324"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ip-ta.com\/wp-json\/wp\/v2\/tags?post=5324"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}