Israeli
law allows for the registration of external design of an object.
Two
main features of the design will be examined by the Register of Designs:
- The aesthetic feature of the
design.
- The originality (novelty) of
the
design.
If
the design of the object results only from the way it is used, from
architectural
elements (protected under copyright law) or may harm public interests,
such
design will not be registered.
The
procedure leading to the registration of a design consists of the
following
stages:
- Filing of an application
indicating the contemplated design and class of products and services.
- Check-up of the application
by the
Register of Designs (fulfillments of legal rules, comparison with
registered
trademarks). The Register will assess the novelty of the design as
compared to
registered designs and not the absolute novelty. This stage is dynamic
and the
Register may demand to amend the application.
- First approval or reject of
the
application by the Register.
- Registration of the design.
This
registration is retroactive to the filing date of the application.
A
registered design is protected for a period of up to 25 years.
A design
owner in Israel
is entitled to remedies available to citizens of common law countries,
including interim and preliminary injunctions.
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© Copyright 2005-2010 Naftali Rubin - Advocates & Notary - Israel - All rights reserved