WIPO Lex

The Designs Law, 5777-2017*

Chapter1: Definitions

Definitions 1. In this Law –

"The Paris Convention" means the Paris Convention for the Protection

of Industrial Property, signed at Paris on the11th of Adar II, 5643

(March 20, 1883)1, as revised and amended, to the extent that Israel is

bound by such;

"The World Trade Organization" means the World Trade Organization

established under the agreement signed at Marrakech on the 4th of Iyar,

5754 (April 15, 1994);

"Proprietor of a design" means the owner of a design under the

provisions of Article 1 of Chapter 3, and anyone to whom the ownership

of the design was duly transferred;

"Design application" means an application to register a design that was

filed pursuant to the provisions of Article 1 of Chapter 4;

"The Competent Authority" means one of the following:

(1) The Commissioner;

(2) An employee of the Authority to whom the Commissioner has

delegated his power pursuant to the provisions of section 95;

"The Locarno Agreement" means the Agreement Establishing an

International Classification for Industrial Designs signed at Locarno on

the 16th of Tishrei, 5729 (October 8, 1968), as revised and amended ;

The "Economic Affairs Committee" means the Economic Affairs

Committee of the Knesset;

t The "Patents Law" means the Patents Law of, 5727-19672;

"Member State" means a "Union State" or a state member of the World

Trade Organization;

* Passed by the Knesset on the 3rd Av, 5777(July 26, 2017); the Bill and Explanatory Notes were published in

Hatza’ot Chok Memshala No. 928 of 19th Tamuz, 5775 (July 6, 2015), page 696. 1 Kitvei Amana No. 735, Volume 21, page 495. 2 Sefer HaChukkim of 5727, page 148.

"Union State" means a state that is a member of the Union for the

Protection of Industrial Property under the Paris Convention, or a group

of Union states that established a joint system for filling design

applications, including territories which the Paris Convention was

applied under the powers granted for this regard in the aforesaid

Convention;

“ The "Relevant Date means the date as detailed below, upon each case:

(1) Regarding a design to which an application was filed – the date of

filing the design application under section 20, if a prior application was

filed regarding the design, according to the conditions enumerated in

section 21, and the conditions have been satisfied – the date of filing the

prior application, within the meaning in section 21;

(2) Regarding a design to which no design application was filed – the

date on which the proprietor of the design, or anyone on his behalf, first

made public the design or the design product, in Israel or abroad;

"Product" including a set of articles, packaging, graphic symbol, screen

display, excluding typeface and computer program;

"Designer" means a person who has designed a design, and if the design

was designed by two or more persons jointly – all jointly;

"Set of articles" means at least two articles with respect to which all the

following conditions are satisfied:

(1) They are in the same class;

(2) Their visual characteristics differ from each other only in immaterial

details;

(3) They are ordinarily offered for sale together, or are intended to be

used together;

"Informed user" means a person interested in a design product the for its

use, familiar with the variety of designs existing in the sector to which

the aforesaid product belongs;

"Design" means the appearance of a product or part of a product,

composed of one or more visual characteristic of the product or of part

of the product, as the case may be, including outline, color, shape,

decoration, texture or the material from which they are made;

"Unregistered design" means a design that is not a registered design;

"Registered design" means a design that is registered in the Register;

the "Register" means the Register of Designs, within the meaning in

section 102;

"Making public" means each of the acts set forth herein, including if

performed over the Internet:

(1) making a design public;

(2) design product have been made available to the public;

(3) a design product have been offered for sale;

the "Authority" means the Israel Patent Office established under section

156 of the Patents Law;

"The Commissioner" means each of the following:

(1) the Commissioner of Designs, within the meaning in section 94;

(2) a person appointed as deputy Commissioner of Patents under

section 158 of the Patents Law;

(3) regarding the powers enumerated in sections 12(b), 34(b), 46 to

48, 98 and 99 – also anyone appointed as an IP Adjudicator under

section 172A(a) of the Patents Law;

"Personal use" is as defined in section 129 of the Customs Ordinance3;

"The Minister" means the Minister of Justice.

Chapter 2: Exclusivity of the Law's Provisions and Eligibility of Design for Protection

Exclusivity of

the Law

provisions of

2. There shall be no right in a design except under the provisions of this

Law.

Eligibility of

design for

protection as a

registered

design

3. A design will be eligible for protection as a registered design under the

provisions of Chapter 4, if it is novel and has an Individual character,

pursuant to the provisions of this Chapter.

3 Dinei Medinat Yisrael (Nusach Chadash) Vo. 3, page 39.

Eligibility of a

design for

protection as

unregistered

design

4. (a) A design will be eligible for protection as an unregistered design

under the provisions of Chapter 5, upon the satisfaction of the

following two conditions:

(1) it is novel and has an individual character, pursuant to the

provisions of this Chapter;

(2) the design product the was offered for sale or distributed to the

public in Israel commercially by the proprietor of the design, or

anyone on his behalf, including over the Internet, within six months

of the relevant date.

(b) Notwithstanding the provisions of subsection (a)(2), where a treaty

has been signed between Israel and another state on the protection of

unregistered designs, or Israel has acceded to a treaty on this matter,

the Minister may, with the approval of the Economic Affairs

Committee, prescribe by order that the unregistered design that such

treaty obligates its protection in Israel, will be protected in Israel

pursuant to the provisions of the order, even if any condition in the

aforesaid subsection is not satisfied in its regard; however, the

protection over such a design will not exceed the protection that

would have been granted to the design if the conditions in subsection

(a)(2) have been satisfied in its regard, unless otherwise agreed in the

treaty, but not more than what was agreed.

a design

contrary to the

public policy

5. Notwithstanding the provisions of sections 3 and 4, a design contrary to

the public policy will not be eligible for protection.

Novel design 6. A design shall be deemed a novel design if, prior to the relevant date, a

design identical to it or a design that differs from it only in immaterial

details, was not made public in Israel or abroad.

A design of an

Individual

character

7. (a) A design shall be deemed of an Individual character if the overall

impression it creates for the informed user differs from the overall

impression created for such a user by another design that was made public

prior to the relevant date. For this purpose, designs concerning all classes

of products will be taken into account.

(b) In addition to the provisions of subsection (a), when determining

whether a design creates for the informed user a different general

impression as stated in the aforesaid subsection, should take into account,

inter alia, the various options available for designing designs with respect

to products from the field to which the product subject to the registered

design belongs.

Limitation on

making public 8. The presentation of a design by the proprietor of the design to another

person will not be deemed making the design public if the person to

whom the design was presented agreed, explicitly or impliedly, not to

disclose the design.

Making public

not harming

eligibility for

protection as

registered

design

9. Making a design public will not harm the eligibility of the design for

protection as a registered design under the provisions of Chapter 4 if it

was done within the 12 months prior to the relevant date, as defined in

paragraph (1) of the definition of “relevant date” by the proprietor of the

design, or as a result of information originating in the proprietor of the

design, whether the information was obtained lawfully or unlawfully.

Visual

characteristic

of product

ineligible for

protection as a

design

10. Notwithstanding the provisions of this Chapter, the following are

ineligible for protection as a registered design or an unregistered design:

(1) the appearance of a product, or part of a product, dictated solely by

the function of the product;

(2) the appearance of a product or part of a product, if the product or part

of the aforesaid product were intended to connect to another product,

become integrated within another product or the other product is

integrated therein, and to achieve their aforesaid designation it is

necessary to manufacture them in the exact form and dimensions in which

they were manufactured.

Chapter 3: Design Ownership, Transferring ownership and Granting a License to Use a

Design

Article 1: Ownership of a Design

First

ownership of

design

11. The designer is the first proprietor of a design, unless determined

otherwise in this Chapter.

The first

proprietor of a

service design

12. (a) The first proprietor of a design that was designed by an employee in

the performance of his duties, or by actual use of the employer’s resources

(hereinafter referred to in this section as a “service design”) is the

employer, unless agreed otherwise between the employee and the

employer.

(b) In case a dispute arises on the question whether the design is a service

design, the employee or the employer, or anyone on their behalf, may

request that the Commissioner decide on the issue.

The first

proprietor of a

design

designed upon

commission

13. The first owner of a design that was designed upon commission is the

customer, unless agreed otherwise between the customer and the

designer.

Presumption

of ownership

of design

14. (a) Whoever is registered in the Register as the proprietor of a registered

design will be deemed the proprietor of the registered design, unless

proven otherwise.

(b) Whoever has made public an unregistered design for the first time,

either himself or by means of anyone on his behalf, in Israel or abroad,

will be deemed the proprietor of the unregistered design, unless proven

otherwise.

Article 2: Transfer of Rights in Design and Grant of Licenses

Transfer of

rights and

grant of

licenses

15. (a) The rights in a design are wholly or partially transferable, under

agreement or under the provisions of any law, and the proprietor of the

design may grant with respect to such rights an exclusive license or a

non-exclusive license.

(b) An agreement for the transfer of rights in a design or the grant of an

exclusive license in its regard requires a written document.

“Exploitation of a design” means the exploitation of a registered design,

within the meaning in section 37, or the exploitation of an unregistered

design, within the meaning in section 61, as the case may be;

“Exclusive license” means a license granting its owner the right to

exploit the design, as determined in the license, and restricting the

proprietor of the design from exploiting the design himself and

permitting any other person from exploiting such design.

Validity of

transfer of

rights and

granting of

exclusive

licenses in a

design vis-à-

vis a third

party

16. The transfer of rights in a registered design and the grant of exclusive

licenses with respect to such rights pursuant to the provisions of section

15 are not valid vis-à-vis any other person unless registered in the

an agreement or to a person who knew of the transfer of rights or the

granting of such licenses.

Registration in

the Register of

rights and

licenses in a

17. A person to whom rights in a registered design were transferred, a person

who transferred to any other person his rights in a registered design, a

person who was granted a license in a registered design and a person

registered

design or in a

design with

respect to

which a design

application

was filed

who granted another person a license in a registered design, pursuant to

the provisions of section 15, may request that the competent authority

record in the Register the rights or the grant of the license, as the case

may be, so that it reflects the rights or licenses in the registered design.

Where such a request has been submitted with the competent authority,

the competent authority will record in the Register the rights or the grant

of the license, according to the request. For the purpose of this section,

“Registered Design” includes a design with respect to which a design

application was filed

Chapter 4: Registered Design

Article 1: Design Application

Right to

request

registration of

a design

18. A proprietor of a design may file with the Authority a design application.

Filing a design

application 19. (a) A design application will include the details as set forth below, and

attached thereto a certificate on payment of the fee under section

112(a)(5) for filing the application:

(1) name of the design proprietor ;

(2) address for delivery of documents in Israel;

(3) with respect to each design included in the application, all the

following:

(a) an explanation on how the design applicant is the proprietor

of the design;

(b) the class and sub-class in which the registration is requested,

pursuant to the provisions under section 112(a)(1);

criteria determined by the Minister.

(b) A design application can include several designs.

(hereinafter in this Law, a “design under joint ownership”), each of the

joint proprietors may file on behalf of all the joint proprietors a design

application, by noting the joint ownership and the names of the joint

proprietors; a joint proprietor who filed such an application will deliver

a written notice thereof to all the other joint proprietors of the design.

(d) Each of the joint proprietors of a design under joint ownership may

renounce his share in such design by delivering a notice thereof to the

Commissioner. Where such a notice has been delivered to the

Commissioner, the Commissioner will delete the name of the joint

proprietor who delivered such a notice from the design application.

(e) Where the design application included several designs, the competent

authority may divide it into several design applications for registration

of a so that each application includes one design.

Date of filing a

design

application

20. (a) The date of filing a design application will be the date on which the

application was first filed with the Authority.

(b) Notwithstanding the provisions of subsection (a), where a design

application was filed and included one of the deficiencies enumerated

below, the date of filing the application will be the date on which the

aforesaid deficiency was amended:

(1) the application does not include the name of the proprietor of the

design;

(2) the application does not include a proper visual description of the

design, pursuant to the provisions under section 19(a)(3)(c);

(3) The application's filing fee in accordance to section 112(a) (5) for

was not paid.

subsection (b) as promptly as possible, and no later than 21 days after

the date of first filing the application or the date on which the applicant

remedied the deficiency after the Authority has notified him about the

existence of such deficiency, as the case may be. Where an application

has been filed with the Authority, pursuant to the provisions of section

17, the Authority will notify under this subsection the person to whom

the rights in the design application were transferred.

Priority 21. Where the proprietor of a design has filed a design application, with

respect to which or with respect to a design that differs from it only in

immaterial details, the proprietor of the design or anyone preceding him

in ownership has already filed a prior registration application in a

member state or a prior application under the Paris Convention, which

is as if the application had been filed in a union state (hereinafter referred

to in this section as a “prior application”), the proprietor of the design

may demand with respect to sections 6, 7 and 32 that the date of filing

the prior application will be deemed as the date of filing the design

application in Israel, if all the following are satisfied:

(1) the design application in Israel was filed within six months of the

filing date of the prior application, and if more than one prior application

was filed to register the same design – from the date on which the first

prior application was filed pursuant to the provisions of the Paris

Convention;

(2) the request for recognition of the date of filing the prior application

was filed on the date and in the manner prescribed by the Minister;

(3) a copy of the prior application, certified by the competent authority

with whom such application was filed was submitted to the competent

authority on the date and in the manner prescribed by the Minister.

Publication of

a design

application.

22. (a) Where a design application has been filed, the competent authority

will publish the application, including the visual description of the

design included therein, on the Authority’s website, as soon as possible

after its filing.

(b) Notwithstanding the provisions of subsection (a), the applicant may

request that the competent authority postpone the date of publication of

the design application for a period not exceeding six months from the

date of filing the application. The competent authority will postpone the

date of publication of the application as requested.

publication date as stated in subsection (b), the applicant may request

that the competent authority, at every stage during the period of

postponement, publish the design application before the expiration of the

period of postponement. Where such an application has been filed, the

provisions of subsection (a) will apply, mutatis mutandis.

Amendment of

a design

application

upon the

applicant's

request d by

23. (a) An applicant may, up to the date of registration of a design under

section 31, request that the competent authority amend his design

application, only if such an amendment does not alter the design in its

material details. Where the competent authority has permitted the

amendment of such application, the provisions of section 29(c) will

apply with respect to the amended application.

(b) Where a design application has been filed under joint ownership,

each of the joint proprietors of the design may file a request as stated in

subsection (a), only if he obtained the consent of all the other joint

proprietors of the design.

Withdrawal

from a design

application

24. (a) An applicant may withdraw from a design application no later than

the date of registration of the design under section 31.

(b) Where a design application has been filed under joint ownership,

each of the joint proprietors may withdraw from the application as stated

in subsection (a), only if such proprietor obtained the consent of all the

other joint proprietors of the design.

Disagreements

between joint

proprietors of

a design

application

25. Where a design application under joint ownership has been filed and the

Commissioner is convinced that the handling of the application is being

delayed as a result of disagreements which arose between the partners,

he may act at the initiative of part of the joint proprietors and give

instructions with respect to such an application, only if the initiators of

the act deliver to the remaining joint proprietors not party to it, notice on

every proceeding before the Commissioner and of every amendment of

the application.

Article 2: Examination of A design application

Examination

of a design

application

26. (a) Where a design application has been filed, the competent authority

will examine if the design included in the application is eligible for

protection as a registered design pursuant to the provisions of Chapter 2.

Where the design product was a set of articles, the competent authority

will examine the satisfaction of the aforesaid conditions with respect to

each of the articles in the set.

(b) In an examination under this section the competent authority may

rely, inter alia, on documents submitted up to the date of registration by

anyone who is not the applicant. This submission of documents will not

obligate the competent authority to notify the party that submitted such

documents about the examination proceedings of the design application

or of its decision regarding the application.

Postponement

of continued

examination

27. Where the competent authority has found that the design with respect to

which a design application was filed is likely not to be eligible for

protection as a registered design pursuant to the provisions of Chapter 2

due to the existence of a design application that was filed on a date prior

to the relevant date (hereinafter in this section the “first application”), he

may order that the continued examination of the later application will be

postponed until after registration under section 31 of the design with

respect to which the first application was filed, or until the withdrawal

by the applicant of the first application under section 24, or until the

refusal to register the design with respect to which the first application

was filed under section 30, all according to the earliest.

Advancing the

examination 28. (a) An applicant may file with the competent authority a reasoned

request, together with an affidavit in support of the facts, for an

expedited examination of the design application he filed (in this section,

the “expedited examination request”) on account of one or more of the

following:

(1) the advanced age or medical condition of the applicant;

(2) another person began exploiting the design in regard to which

the design application was filed, or a design differing from it in

immaterial details, without the applicant’s permission, or there is

cause for concern that he will do so. For the purpose of this

section, “exploiting the design” means the performance of any of

the acts enumerated in section 37;

(3) the duration of time which has elapsed since the design

application was filed is significantly longer than the time which

elapsed up to the commencement of the examination of other

applications filed at the same time;

(4) special circumstances justifying this.

(b) A request as stated in subsection (a) (2) will be filed with the

competent authority together with a certificate on payment of the fee

under section 112(a) (5).

in subsections (a) and (b) are satisfied, an examination of the eligibility

of the design subject to the protection application as a registered design

pursuant to the provisions of Chapter 2 will be performed as close as

possible to the filing date of the request for an expedited examination.

Where the design with respect to which such examination was made is

registered in the Register, the act of the application examination shall be

noted in the Register and in the publication under section 31.

Notice on

deficiencies

and

amendment of

deficiencies

29. (a) Where the competent authority saw that the design application does

not comply with the provisions of Article 1, with the exception of the

provisions of section 20(b)(1) and (3), or that the design with respect to

which the registration application was filed is not eligible for protection

as a registered design pursuant to the provisions of Chapter 2, he will

notify the applicant of the deficiencies in the application or of the reasons

for the ineligibility of such design for protection as a registered design

(hereinafter referred to in this section as “deficiencies”).

(b) Where an applicant has been notified under subsection (a), he may

amend the deficiencies in the application pursuant to the notice of the

competent authority within the period prescribed by the Minister,

provided however that the amendment will not alter the design in its

material details (hereinafter referred to in this section as an “amended

application).

of subsection (b), the amended application will be deemed to have been

filed on the relevant date and it will be examined pursuant to the

provisions of this Article.

Refusal of A

design

application

30. (a) Where the applicant has failed to amend the deficiencies in the

application pursuant to the notice of the competent authority under

section 29, within the period prescribed by the Minister, the competent

authority will refuse to register the design and will notify the applicant.

(b) Where the competent authority has refused to register the design as

stated in subsection (a), it may, upon the applicant's request, reconsider

the aforesaid refusal, provided however that the request for

reconsideration is filed within three months from the date on which the

notice of the competent authority’s refusal of the registration was sent

to the applicant.

Article 3: Design Registration

Design

Registration 31. (a) Where the competent authority is convinced that the design with

respect to which the design application was filed is eligible for protection

as a registered design pursuant to the provisions of Chapter 2, the

Commissioner will register the design in the Register and publish on the

website of the Authority such registration, the visual description of the

design and the name of the proprietor of the design, and will also deliver

to the proprietor of the design a certificate attesting to the registration

(hereinafter referred to in this Article as the “certificate of registration”).

(b) Registration in the Register will be according to sub-classes, pursuant

to the provisions prescribed by the Minister under section 112(a) (1).

The competent authority will determine the class and sub-class of the

design according to the ordinary use of the design product taking into

consideration the requested class and sub-class.

of its protection as a registered design under this Chapter and will be

prima facie evidence as to the validity of the registered design.

First come,

first served 32. Where two or more applicants have filed separate registration

applications for the same design or of designs that differ from each other

only in immaterial details, the design will be registered in the Register

in the name of the person who first duly applied for it.

Listing the

designer’s

name

33. (a) A designer of a design to which a registration application was filed,

or his successors, may request from the competent authority to list the

designer's name in the Register or the registration certificate, as the case

may be, pursuant to the provisions of subsection (b) (hereinafter referred

to in this section as a “request to list the designer’s name”).

(b) Where the designer of a design or his successors have filed a request

to list the designer’s name, and the competent authority is convinced that

the person in whose name the registration is requested is indeed the

designer, the competent authority will list the designer’s name as

requested, pursuant to the following provisions:

(1) if the request to list the designer’s name was filed before the

design was registered under section 31 – the name of the designer of

the design will be listed in the Register and in the registration

certificate;

(2) if the request to list the designer’s name was filed after the design

was registered under section 31 – the name of the designer of the

design will be listed in the Register only;

(3) notwithstanding the provisions of paragraph (2), if the designer

is the proprietor of the registered design, he may request that the

competent authority amend the registration certificate to include his

name, after having paid the request fee under section 112(a)(5).

Where such request has been filed, the competent authority will send

the proprietor of the registered design an amended registration

certificate as requested.

application or the proprietor of the registered design, as the case may be,

about listing the designer’s name as stated in subsection (b), and if a

request was filed to list the designer’s name by any other person or where

another person is registered in the Register as designer – also to such

person.

Cancelation of

listing a

designer’s

name

34. (a) Where the name of a person has been listed as the designer of a design

pursuant to the provisions of section 33, any person who believes that

such listing of the name does not reflect the facts may file with the

Commissioner a request to cancel the listing of the designer’s name from

the design registration in the Register (hereinafter referred to in this

section as a “request to cancel the listing of the designer’s name”).

(b) Where a request to cancel the listing of the designer’s name has been

filed, the Commissioner will decide the matter and notify the person who

filed the cancelation of the listing request of his decision, a notification

shall be sent to anyone who was notified about listing the designer’s

name under section 33(c), he will also amend the registration in the

Waiver of

listing a

designer’s

name

35. A stipulation in an agreement wherein the designer waives the right to

request a list his name pursuant to the provisions of section 33 will be of

no effect.

Listing the

designer’s

name does not

grant rights

36. Anyone whose name is listed in the Register as a designer pursuant to

the provisions of section 33 will not be entitled, for this reason alone, to

any right whatsoever in the registered design.

Article 4: Rights Deriving from a Registered Design and the Period of its Validity

Rights of

proprietor of

registered

design

37. (a) Registration of a design pursuant to the provisions of this Chapter

grants the proprietor of the registered design an exclusive right to

perform all of the acts enumerated below, with respect to the registered

design and any other design which creates for the informed user a

general impression that does not differ from the general impression

created by the registered design, and if the design product is a set of

articles – with respect to each of the articles in the set (hereinafter

referred to in this Article as “exploitation of registered design”):

(1) manufacture, sale or lease, including a bid or position for sale or

lease of a registered design product, in a commercial manner, the

distribution of such product on a commercial scale or its import into

Israel not for personal use, except importing to Israel a product

manufactured abroad with the permission of the proprietor of the

design, or anyone on his behalf;

(2) possession of a registered design product for the purpose of

performing any of the acts enumerated in paragraph (1).

(b) When determining whether a design creates for an informed user a

general impression not differing from the general impression the

registered design creates for him, as stated in subsection (a), It shall take

into account, inter alia, the various options available for designing

designs with respect to products from the field to which the registered

design product belongs.

Limitation on

exploiting

registered

design

38. Notwithstanding the provisions of section 37, the registration of a design

does not constitute a permission to exploit the registered design in a

manner of violating existing rights under the provisions of any law.

The validity

period of a

registered

design

39. The validity period of a registered design is 25 years from the date of

filing the design application under section 20, subject to the provisions

under Article 5.

Article 5: Fees

Payment of

renewal fee 40. A registered design will be valid for the entire period determined in

section 39 if the proprietor of the design paid a renewal fee in the

amounts and on the due dates prescribed by the Minister under section

112(a)(5) (hereinafter referred to in this Chapter as the “renewal fee”).

Delay in

payment of

renewal fee

41. Where the renewal fee is not paid on the due date as stated in section 40,

it may be paid within six months of such date, with an additional fee in

the amount prescribed by the Minister under section 112(a) (5) for the

delay in payment, and when made the renewal fee will be deemed to

have been paid on the due date determined for its payment as stated in

section 40.

Lapse of

validity of

registered

design due to

non-payment

of fees

42. Where the period stated in section 41 has elapsed and the fees as stated

in the same section have not been paid, the validity of the registered

design will lapse from the renewal due date as stated in section 40. The

Commissioner will register the validity lapse of the registered design in

the Register and will publish a notice thereof on the Authority’s website.

validity

Renewal of

registered

design that

lapsed due to

non-payment

of fees

43. (a) A proprietor of a registered design of which its validity lapsed due to

non-payment of fees as stated in section 42, may request from the

Commissioner within six months of the date the validity lapse of the

registered design was registered under the provisions of that section, in

the manner and form prescribed by the Minister, the validity renewal of

the registered design, provided however that he specifies in his request

the reasons for non-payment of the fees (hereinafter referred to in this

Article as the “request for validity renewal”).

(b) Where a request for validity renewal has been filed, the

Commissioner will renew the design validity if he found that the delay

in payment of the fees as stated in section 41 was caused notwithstanding

the fact the proprietor of the registered design took reasonable measures

in the specific circumstances to pay the fees on time, provided however

that the applicant paid the fees as stated in the section. The

Commissioner will publish a notice of the validity renewal of the

registered design on the Authority’s website.

provisions of this section will not extend the period of validity of the

design beyond the period stated in section 39.

A person

exploiting a

registered

design of

which the

validity has

lapsed and

renewed

44. (a) A person who began exploiting in Israel a registered design of which

the validity has lapsed, or anyone who has made proper preparations to

exploit in Israel a registered design of which validity has lapsed, after

the notice regarding the validity lapse of the registered design was

published under section 42 and prior to publication of its validity

renewal under section 43(b), is entitled to further exploit the design for

the purposes of his business only, even after the validity renewal of the

registered design.

(b) The right to exploit a registered design under this section is non-

transferable and non-inheritable, except together with the business in

which the design was exploited, and no licenses may be granted in its

regard except by the business in which the design was exploited.

Provisions on

notice to

proprietor of a

registered

design prior to

the validity

lapse of the

design

45. The Minister, with the approval of the Economic Affairs Committee,

will prescribe provisions on the Authority’s obligation to send an

electronic notice to the proprietor of a registered design stating that the

validity of the registered design is expected to lapse due to non-timely

payment of the fee pursuant to the provisions of this Chapter, all as shall

be determined.

Article 6: Amendment of Records and Documents and Cancelation or Deletion of Registered Design

Amendment of

records and

documents

46. (a) The Commissioner may, at his own initiative or at the request of any

person, after having given the proprietor of the registered design an

opportunity to state his case under the provisions of this subsection,

amend a registered particular in the Register or in any other document

issued by the Authority under this Law if he is convinced that it does not

reflect the facts. The Minister may prescribe types of particulars that may

be amended in this manner and provisions on the amendment process

under this subsection.

(b) The Commissioner may, at his own initiative or at the request of any

person, amend a typographical error in the Register, or in any other

document issued by the Authority under this Law.

proprietor of the registered design, the Authority will notify thereof to

the proprietor of the registered design.

Deletion or

cancelation of

design

registration in

request of the

proprietor of

47. (a) The proprietor of a registered design may request from the

Commissioner to delete or cancel the registration of a registered design

in the Register (hereinafter referred to in this Article as “request for

deletion or cancelation”). If the registered design is under joint

ownership, each of the joint proprietors of the design may file a request

the registered

design for deletion or cancelation, provided however that obtains a written

consent from all the other joint proprietors of the design.

(b) The Commissioner will publish on the Authority’s website a notice

on the filing of a request for deletion or cancelation.

cancelation, will notify the parties of his decision and publish his

decision on the Authority’s website.

(d) Where the Commissioner has decided to accept the request for

deletion or cancelation, he will record the deletion or cancelation of the

design in the Register at the request of the proprietor of the design.

Cancelation of

registration of

design in

cancelation of

renewal of

validity of

design that

lapsed and

cancelation of

amendment of

a registered

particular, at

the request of

a person who

is not the

proprietor of a

registered

design

48. (a) Any person who is not a proprietor of the registered design may

request that the Commissioner cancel the registration of a registered

design in the Register, upon fulfillment of one of the following

conditions:

(1) the design was ineligible for protection as a registered design

pursuant to the provisions of Chapter 2;

(2) the registration application of the design was not filed by the

proprietor of the design, contrary to the provisions of section 18;

(3) two or more separate applications were filed for registration of

the same design or of a design that differed from it only in

immaterial details, and the design was not registered in the name of

the person who first duly applied for it, contrary to the provisions of

section 32.

(b) Any person who is not the proprietor of the registered design may

request that the Commissioner cancel the validity renewal of a registered

design that lapsed as stated in section 43, under the assertion that the

conditions for the validity renewal under the aforesaid section were not

satisfied.

request that the Commissioner cancel the amendment of a particular

recorded in the Register or in any other document issued by the Authority

under this Law (hereinafter referred to in this Article as “cancel an

amendment”) performed under section 46, under the assertion that the

conditions for amendment under the aforesaid section were not satisfied.

(d) A person who filed a request under subsections (a) to (c) will notify

the proprietor of the registered design regarding the filing of the request,

and he will be the respondent in the request. The Commissioner shall

publish on the Authority’s website a notice about the filing of the

aforesaid request.

(e) The Commissioner will notify the parties of his decision in the

request under this section. If the Commissioner decided to accept the

request under this section, he will note in the Register the cancelation of

the registered design, the cancelation of the validity renewal or the

cancelation of the amendment, as the case may be.

Results of

request under

section 47 or

49. (a) Where the Commissioner has decided to delete the registration of a

registered design upon request under section 47, the Commissioner will

note the deletion in the Register on the date of entry into effect of the

decision under section 50, and the design will be deemed to have been

deleted from the Register on the date of filing such request.

(b) Where the Commissioner has decided to cancel the registration of a

registered design upon request under section 47 or 48, the Commissioner

will note the cancelation in the Register on the date of entry into effect

of the decision under section 50, and the design will be deemed to have

not been registered in the Register.

validity of a registered design which lapsed upon request under section

48(b), the Commissioner will note the cancelation of the validity renewal

in the Register on the date of entry into effect of the decision under

section 50, and the design will be deemed to have lapsed on the date

stated in section 42.

(d) Where the Commissioner has decided on the cancelation of an

amendment of a particular upon request under section 48(c), the

Commissioner will note the cancelation in the Register on the date of

entry into effect of the decision under section 50, and the particular will

be regarded as if the aforesaid amendment had not been implemented.

Entry into

effect of

decisions of

the

Commissioner

under sections

47 or 48

50. A decision of the Commissioner under section 47 or 48 will enter into

effect 30 days after the expiration of the period for filing an appeal on

the decision under section 106.

Limitation

period for

assertions with

respect to a

registered

design

51. An assertion that a design was ineligible for protection as a registered

design under the provisions of Chapter 2, assertions on the cancelation

of listing a designer’s name, cancelation of a design registration,

cancelation of an amendment of a registered particular or cancelation of

validity renewal of a registered design that lapsed, as well as assertions

relating to the identity of the proprietor of a registered design are not

subject to a limitation period during the validity period of the registered

design.

Article 7: Supplementary Design

Definition –

Article 7 of

Chapter 4

52. In this Article, “supplementary design” in relation to a registered design

or a design with respect to which a design application was filed

(hereinafter referred to in this Article as the “main design” is a design

satisfying each of the following:

(1) the design product is the main design product, and the visual

characteristics of the design differ from the visual characteristics of the

main design only in immaterial details;

(2) the design product is not the main design product, and the visual

characteristics of the design are identical to the visual characteristics of

the main design.

Eligibility for

protection as

supplementary

design

53. Notwithstanding the provisions of section 3, a supplementary design will

be eligible for protection as a supplementary registered design even if it

is not novel and without an individual character in relation to the main

design only.

Application of

provisions

with respect to

supplementary

design

54. The provisions of this section will apply with respect to a supplementary

design, mutatis mutandis and with the changes set forth in this Article.

Application

for registration

supplementary

design

55. (a) A proprietor of a main design may request that a design with respect

to which he filed a design application is registered as a supplementary

design under the provisions of this Article (hereinafter referred to in this

Article as an “application”. The proprietor of the design will state in such

application the main design in relation to which the registration of a

supplementary design was requested.

(b) A supplementary design application will be filed together with the

main design application or at a later date during the validity period of

the main design.

Examination

supplementary

design

application

56. Where supplementary design application has been filed a and the

competent authority found that the conditions enumerated in the

definition of “supplementary design” in section 52 are not satisfied with

respect to the design –

(1) he will notify the applicant thereof;

(2) he will examine, at the request of the applicant, the eligibility of the

design for protection as an independent registered design pursuant to the

provisions of section 26, provided however that the applicant paid the

fee under section 112(a)(5) for filing the application.

Limitation on

supplementary

design

registration

57. A design will not be registered as a supplementary design if the

application for its registration was filed before the date of filing the main

design application.

Lapse of

validity of

supplementary

design

58. Where the validity of the main design has lapsed, the validity of the

supplementary design will lapse together with it, subject to the

provisions of section 60.

Payment of

renewal fee for

supplementary

design

59. The renewal fee for a supplementary design will be paid on the relevant

date for payment of the renewal fee for the main design, pursuant to the

provisions under Article 5.

Validity of

supplementary

design upon

cancelation or

deletion of the

main design

60. (a) Where the main design has been canceled or deleted under the

provisions of Article 6 and its supplementary design has not been

canceled or deleted with it, the supplementary design will be an

independent design, if the proprietor of the supplementary design so

requested.

(b) Where the main design has been canceled or deleted as stated in

subsection (a) and the main design had several supplementary designs,

the proprietor of the design may state in his application under this section

which of these will be registered as the main design, and the remainder

will be registered as supplementary designs.

competent authority found with respect to any of the designs as stated in

the subsection, that the conditions enumerated in the definition of

“supplementary design” in section 52 are not satisfied, he will register

each of them as an independent design if the conditions of eligibility for

protection as a registered design under Chapter 2 are satisfied, and he

may, if the proprietor of the design so requested, register according to

the provisions under this Article, one of the designs as the main design

and the remainder as supplementary designs.

(d) Supplementary designs as stated in subsections (a) and (b) will

remain valid until the expiration of the period in which the main design

would have remained valid, had it not been canceled or deleted, provided

however that the renewal fees as stated in Article 5 were paid, as

imposed in section 59.

Chapter 5: Unregistered Design

Rights of a

proprietor of

unregistered

design

61. The proprietor of an unregistered design eligible for protection pursuant

to the provisions of Chapter 2 shall be vested the exclusive right to

prevent any other person from manufacturing, for commercial use, a

design product which is a replication of the design, whether the

replication is carried out by manufacturing an identical design product

or whether it is carried out by manufacturing another design product

creates with an informed user a general impression not differing from

the general impression the design product creates with him (hereinafter

referred to in this Article as “exploitation of an unregistered design”). If

the design product is a set of articles, the aforesaid right will apply with

respect to each of the articles in the set.

(b) When determining whether a design creates for an informed user a

general impression not differing from the general impression the design

product creates for him, as stated in subsection (a), It shall take into

account, inter alia, the various options available for designing designs

with respect to products from the field to which the design product

belongs.

Marking an

unregistered

design

62. A proprietor of an unregistered design believing that his design is

eligible for protection as an unregistered design under the provisions of

this Law may mark the design product in the manner prescribed by the

Minister; the mark will indicate that this is an unregistered design and

the relevant date applying to the design.

Limitation on

exploitation of

unregistered

design

63. Notwithstanding the provisions of section 61, the protection of a design

as an unregistered design does not constitute a permission to exploit the

design as stated in that section in a manner of violating existing rights

under the provisions of any law.

Application

for registration

of an

unregistered

design

64. A proprietor of an unregistered design may, within twelve months of the

relevant date, file with the Authority an application for registration of

the unregistered design and the provisions under Chapter 4 will apply

with respect to the application, examination of the application and

registration of the design.

Period of

validity of

unregistered

design

65. The period of validity of an unregistered design is three years from the

relevant date.

Chapter 6: Design Infringement

Infringement

of a registered

design

66. A person exploiting a registered design as stated in section 37, either on

his own or through another, after the date of publication of the design

application under section 22 and without the permission of the proprietor

of the registered design, is infringing the registered design.

Infringement

of unregistered

design

67. A person exploiting an unregistered design as stated in section 61, either

on his own or through another, after the relevant date and without the

permission of the proprietor of the unregistered design, is infringing the

unregistered design.

Indirect

infringement

of an

unregistered

design

68. (a) A person doing any of the acts specified below in an unregistered

design product is infringing the unregistered design, if at the time of

doing the act he knew or should have known that the design product is

an infringing product:

(1) sale or lease, including a bid or position for sale or lease, in a

commercial manner;

(2) possession for the purpose of doing any of the acts stated in

paragraph (1);

(3) distribution on a commercial scale;

(4) import to Israel not for personal use.

(b) In this section, “infringing product” means an unregistered design

product manufactured without the permission of the proprietor of the

unregistered design, excluding such product that was manufactured

outside of Israel with the permission of the proprietor of the design or

anyone on his behalf.

Presumption

of knowledge

with respect to

unregistered

design

69. Where the proprietor of an unregistered design has marked the design

product pursuant to the provisions under section 62, it is presumed that

anyone who exploited the unregistered design as stated in section 67, or

carried out an act as stated in section 68, knew that the proprietor of the

unregistered design believed that his design was eligible for protection

as an unregistered design pursuant to the provisions of this Law.

Defense in an

action on

infringement

of registered

design

70. (a) Any ground under which a registered design can be cancelled shall

serve as a good defense in a registered design infringement action.

Where the court is convinced that there is such a good defense, it will

order the cancelation of the design registration or the amendment of the

registration in the Register so that it reflects the rights in the registered

design. Where the court has ordered the cancelation of such registration,

the provisions of section 49(b) will apply to this matter, mutatis

mutandis.

(b) An assertion that an unregistered design was ineligible for protection

under the provisions of this Law will serve as a good defense in an

unregistered design infringement action.

Action for

design

infringement

71. (a) A design infringement action may be filed by the design proprietor,

and if an exclusive license is granted with respect to the design under

section 15 – also the aforesaid licensee. However, where an agreement

has been made with respect to a registered design pursuant to the

provisions of section 15 and the rights have not yet been registered in

the Register in its regard pursuant to the provisions of section 17, a party

to the agreement whose rights under the agreement have not yet been

registered in the Register may file a design infringement action.

(b) Where the design is under joint ownership, each of the joint

proprietors of the design may file a design infringement action.

infringement except after the design is registered; however, where an

action has been filed for such infringement, the court may grant a remedy

for the infringement of the design as registered done after the date of

publishing the filing of the design application under section 22, as if a

registered design had been infringed. Nothing in the provisions of this

subsection will derogate from the right of the proprietor of the design to

file an action on the grounds of design infringement as an unregistered

design, as long as the design has not yet been registered.

(d) A plaintiff filing an action as stated in subsection (a) or (b) will join

as a party to the action any person entitled to claim under the aforesaid

provisions of the subsections; however, the court may, at the request of

the plaintiff, or at the request of any person whose joinder is requested,

exempt from the aforesaid joinder of a party.

Declaration on

non-

infringement

of design

72. (a) Anyone who intends to perform any of the acts enumerated in section

37(a) or 61 may request from the court a declaratory judgment according

to which the act sought is not by any mean design infringement.

(b) Issuing such a declaratory judgment or refusing to issue it as stated

in subsection (a) will not determine on the question of the validity of the

design.

Chapter 7: Remedies for Design Infringement

Design

infringement –

a tort

73. Design infringement is a civil wrong and the provisions of the Torts

Ordinance [New Version]4 will apply to it, mutatis mutandis, and subject

to the provisions of this Law.

4 Dinei Medinat Yisrael (Nusach Chadash) No. 10, page 266.

injunction

order for

design

infringement

74. In an action on design infringement, the plaintiff is entitled to a remedy

by way of an injunction order, unless the court finds that there are

reasons that justify not making such an order.

compensation

without proof

of damage

75. (a) In an action on design infringement, the court may, at the request of

the plaintiff, award the plaintiff for any infringement, compensation

without proof of damage in an amount not exceeding 100,000 New

Israeli Shekels.

(b) When determining compensation under the provisions of subsection

(a), the court may take the following, inter alia, into considerations:

(1) the scope of the infringement;

(2) the severity of the infringement;

(3) the actual damage caused to the plaintiff, according to the court’s

estimation;

(4) the profit the defendant accrued, according to the court’s

estimation;

(5) the nature of the defendant’s activity;

(6) the nature of the relationship between the defendant and the

plaintiff;

(7) the defendant’s good faith, taking into account, inter alia, the

various options available for designing designs with respect to

products from the sector to which the registered design product

belongs.

set of acts will be deemed one infringement.

(d) The Minister, with the approval of the Economic Affairs Committee,

may, by order, alter the amount determined in subsection (a).

giving account 76. In an action for design infringement, the court may require the defendant

to give an account to the plaintiff in regard to the details of the

infringement. The Minister may prescribe the manner on how giving

account shall be done under this section.

Remedies

regarding

design

77. (a) Upon conclusion of an infringement action hearing of a right in a

design, the court may, after having taken into consideration, inter alia,

products in

which a right

has been

infringed

the severity of the infringement and the interest of any other person

concerned that is not a party to the action, order the following –

(1) the performing of an act with respect to the design products in

which the right was infringed (hereinafter referred to in this section

as the “infringing products”) the purpose of which is to prevent any

damage to the proprietor of the design, including the transfer of

ownership in said products to the plaintiff if he requested so, or their

destruction; however, where the court has ordered such transfer of

ownership, it may, if it found that the plaintiff is likely to use the

infringing products, charge him with payment as it shall determine;

(2) the performing of an act in assets whose main and central use was

for the manufacture of the infringing products whose purpose is to

prevent the continued infringement heard by the court, or any other

infringement of a right in the design.

(b) The provisions of subsection (a) will also apply with respect to a

product found in the possession of a person who did not personally

infringe the design, all subject to the provisions of section 34 of the Sale

Law, 5728-1968.5

Innocent

infringer 78. (a) In an action due to a design infringement, the infringer will not be

ordered to pay damages as a result of the infringement if he did not know

or could not have known, on the date of the infringement, that there were

rights in the design.

(b) Without derogating from the generality of the provisions of

subsection (a), it is presumed that the infringer knew that there are rights

in the design upon the fulfillment of the following conditions:

(1) the design was registered under section 31;

(2) with respect to an unregistered design – the design was marked

under section 62 or an application for its registration was published

under section 22.

The Designs Bill, 5775 – 2015

Chapter 7: International Designs

Article 1: Definitions

Definitions 79. In this section -

5 Sefer HaChukkim of 5728, page 98.

“International Application” means an application for the registration

of a design as a registered international design, submitted to the

International Bureau under the Hague Agreement;

“The Hague Agreement”, “The Agreement” – as defined in Article

1 of the Geneva Act;

“The International Register” – as defined in Article 1 of the Geneva

Act;

“The International Bureau” – as defined in Articles 1 and 22 of the

Geneva Act;

“The Hague Act” means the Hague Act of the Hague Agreement

concerning the international registration of industrial designs, dated

November 28th 1960;

“The Geneva Act” means the Geneva Act of the Hague Agreement

concerning the international registration of industrial designs, dated

July 2nd 1999;

“Registered International Design” means a design registered in the

International Register in accordance with the Hague Agreement;

“Registered International Design Designated for Israel” means a

registered international design where its registration application

designates the state of Israel as the destination for the registration of

the design;

“The Hague Regulations” means the common regulations under the

Geneva Act and the Hague Act, published on the website of WIPO

– World Intellectual Property Organization; as amended from time

to time.

Article 2: International Applications

filling an

International

Application

80. (a) An Israeli citizen, an Israeli resident or a person who has an

active industrial or commercial establishment in Israel, may file for

an International Application in accordance with the provisions of

subsection (b), together with fees as stipulated in the Hague

Agreement and the Hague Regulations.

(b) An International Application and any other document relating to

such an application that must be submitted or that may be submitted

pursuant to the Hague Agreement or the Hague Regulations, shall

be submitted in the form, in the manner and at the time prescribed

in the said agreement and regulations.

Forwarding an

International

Application

submitted to

the Authority

81. Without derogating from the provisions of section 80, the Minister

may prescribe provisions regarding filling an international

application and its transfer to the international Bureau through the

Office, upon the applicant's request, and the Minister may determine

under section 112(a) (5) that the applicant will be required to pay a

fee to the Office for transferring such application

Article 3: Handling Registered International Designs Designated for Israel

The status of a

Registered

International

Design

Designated for

Israel

82. A Registered International Design Designated for Israel shall be

deemed a design with respect to which an application to register the

design was filed under the provisions of Article 1 of chapter 4,

starting on the date of its registration in the international Register

under the provisions of the Hague Agreement.

Examination

of a Registered

International

Design

Designated for

Israel

83. (a) The competent Authority shall examine whether a registered

international design designated for Israel is illegible for protection

as a registered design under the provisions of part 2.

(b) Notwithstanding the provisions of chapter 2, the relevant date

for the purpose of examining the eligibility of such a design in

subsection (a) shall be the date of the design's registration in the

international register, and if the international application in respect

of such design included declaration of priority due to a prior

application as defined in section 21, one or more. Pursuant to the

provisions of section 6 of the Hague Agreement (in this section,

Prior Application), the relevant date shall be the date recognized by

the International Bureau, as the filling date of the international

application, provided that the applicant or the International Bureau

filed to the Office, on time and in the manner proscribed by the

Minister, a copy of the prior application allowed by the competent

authority the prior application was submitted to.

registered international design designated for Israel may file a

request to recognize a priority for the registered international design

also under the provisions of section 21.

(d) the provisions of article 2 of chapter 4 shall apply for the purpose

of examining a registered international design designated for Israel

as stated in subsection (a), mutatis mutandis and subject to the

following changes; A notice of definition under section 29 may only

concern the ineligibility of the design for protection as a registered

design under the provisions of chapter 2, unless stipulated otherwise

under the Hague Agreement or the Hague Regulations.

Registration in

a Register of a

Registered

International

Design

Designated

Israel

84. Where the competent Authority deemed a Registered

International Design that is Designated for Israel is eligible for

protection as a registered design under the provisions of Chapter 2,

the provisions of article 3 of chapter 4 shall apply to the design

registration in the register, except for section 31(a) and (b), mutatis

mutandis and subject to the following changes; The Commissioner

shall register the design in the Register, it shall be noted in the

registration that the design is an international registered design, a

reference to the registration of the international registered design

shall be published on the International Bureau website, and notify

the international Bureau within 12 months from the date the design

was published regarding the protection granted to the design in

Israel.

Notice of

refusal

85. (a) Where the competent Authority deemed a Registered

International Design that is Designated for Israel is not eligible for

protection as a registered design under the provisions of Chapter 2,

it shall notify the international Bureau, within the period of twelve

months from the day the design was published in the international

Notice of refusal), attaching the reasons for this.

(b) Where the Competent Authority has deemed such design under

subsection (a) may be eligible for registrations as a supplementary

design under the provisions of Article 7 of Chapter 4, the following

provisions shall apply:

1. the Competent Authority shall send a notification of

refusal regarding the application as stated in subsection

(a) and it will send the international Bureau notice

thereof, unless prescribed otherwise by the minister and

in accordance with the provisions he prescribed.

2. the competent authority shall give notice to the

applicant that he is entitled to submit a supplementary

design application under the provisions of article 7 of

chapter 4 and that he is exempted from paying a fee for

such application.

3. if such application in paragraph (2) was submitted, the

provisions of section 7 of chapter 4 will apply, and the

relevant date for this matter is the date specified in

section 83(b); the authority will not charge an extra fee

for the application applied following the notice as stated

in this paragraph.

to the international bureau within the period mentioned in

subsection (a) or the design was not registered under the provisions

of section 84, the registered international design shall be deemed as

registered in the Register at the end of the aforesaid period, the

commissioner shall register it in the Register and publish it in

accordance with the provisions of section 84

(d) Where the competent authority, at any time, has deemed a

registered international design designated for Israel, of which a

refusal notification has been sent, eligible for protection as a

registered design under the provisions of chapter 2, it shall send the

international Bureau a notification of cancelation of such notice of

refusal, or a notification of grant of protection to the design in Israel

under the provisions of article 84, the provision of the aforesaid

article shall apply, mutatis mutandis.

Applying the

provisions on

International

Design

Registered in

Israel

86. When an international design is registered in the Register in

pursuant to the provisions of Article 84 or Article 85(c), such design

(in this chapter – an International Design Registered in Israel) will

be subject to the provisions of Article 2 of Chapter 3, Articles 4 to

6 of Chapter 4, except for the provisions of section 40, 41 and 47,

as well as chapter 5, 7 and 10, mutatis mutandis and according to

following changes.

(1) A renewal fees and an arrears fee payable in accordance with the

provisions of Article 17 of the Hague Agreement and the Hague

Regulations;

(2) The Minister may prescribe additional types of actions in

connection with an International Design Registered in Israel, which

shall be carried out only in accordance with the provisions of the

Hague Agreement and the Hague Regulations.

The effect of

amendments

to the

International

87. (a) The Minister shall determine, in accordance with the provisions

of Article 16 of the Hague Agreement, types of amendments to an

international design registered in Israel, which if registered in the

international register; shall have validity as if they had been

registered in Israel.

(b) The competent official shall document such amendments in

subsection (a) in the Register.

Article 4: General Provisions regarding International Designs.

Notification

regarding

cancellation of

International

Design

88. The competent authority shall notify the International Bureau a

regarding any decision under Article 6 of Chapter 4 as applied

pursuant to the provisions of article 86, or of any court decision

under Article 70 in respect of which a notification has been given to

the Authority, regarding the deletion or cancellation of the

registration of an international design registered in Israel.

Registered in

Israel

Confidentiality

of the

documents

89. The competent authority and the Office employees shall not

disclose any information or document that they have received from

the International Bureau in the course of the execution of the

provisions under this chapter, all in accordance with the provisions

of the Hague Agreement.

Application of

the provisions

of the Hague

Agreement

and the Hague

Regulations

Publishing the

Hague

Agreement

90. In any matter relating to an International Application or a Registered

International Design, which has not been regulated under this

chapter, the provisions of the Hague Agreement and the Hague

Regulations shall apply, in accordance with the obligations of the

State of Israel with regard to said agreement and regulations.

91.The Office shall publish on its website the Hague agreement and

a reference to the Hague regulations

Chapter 9: Penalties

Penalties 92. (a) A person commercially exploiting a registered design through a

business in one of the ways specified below and without the permission

of the proprietor of the registered design, contrary to the provisions of

section 66 shall be liable to the fine prescribed in section 61(a)(4) of the

Penal Law, 5737-19776 (hereinafter referred to in this Chapter as the

“Penal Law”):

(1) the manufacture of a design product identical to the registered

design;

(2) the import of a design product identical to the registered design.

(b) Where an offense under this section has been committed by a

corporation, it shall be liable to double the fine prescribed for such

offense.

Liability of

officer of

corporation

93. (a) An officer of a corporation is obligated to oversee and do his utmost

to prevent any of the offenses specified in section 92 (hereinafter

referred to in this section as an “offense”) by a corporation or by any of

its employees; violation of the aforesaid duty shall make him liable to

the fine determined in section 61(a) (2) of the Penal Law.

6 Sefer HaChukkim of 5737, page 226.

(b) Where an offense has been committed by a corporation or any of its

employees, there is a presumed that the officer violated his duty under

subsection (a), unless he proved that he did his utmost to fulfill his

aforesaid duty.

partner, with the exception of a limited partner, or the official

responsible on the corporation’s behalf for the sector in which the

offense was committed.

Chapter 10: Miscellaneous Provisions

Commissioner of

Designs 94. A person appointed as the Commissioner of Patents under section 157

of the Patents Law will also serve as Commissioner of Designs.

Delegation of

powers to

Commissioner

95. (a) The Commissioner may delegate to an employee of the Authority

the powers granted to him under this Law, with the exception of powers

under sections 12(b), 25, 34(b), 43, 46 to 48, 96, 98(b) and (c), 99 and

103(b).

(b) A notice on delegation of powers under this section will be

published in Reshumot.

Objection to

decisions of

Authority

employee

96. A person who considers himself as aggrieved by a decision or act of an

employee of the Authority to whom the Commissioner has delegated

his power pursuant to the provisions of section 95 may object to this in

writing before the Commissioner within the period prescribed by the

Minister.

Decisions of the

competent

authority

97. A decision of the competent authority under this Law will be reasoned

and in writing and will be delivered in the manner prescribed by the

Minister to anyone that was a party to the application or the proceedings

in which the decision was handed down.

Proceedings

before the

Commissioner

98. (a) (1) The Commissioner will publish a notice on any proceeding

conducted before him under sections 12(b), 25, 34, 43 and 46 to

48.

(2) The provisions of paragraph (1) will not derogate from the

power of the competent authority to publish, at his discretion, a

notice on any proceeding being conducted before him under this

Law.

(b) Any person who considers himself as aggrieved by a proceeding

being conducted before the Commissioner as stated in subsection (a)(1)

may request from the Commissioner to be joined to the proceeding,

within 30 days of the date that the fact of holding the proceeding was

published under this Law, and the Commissioner may join him as

aforesaid. The Commissioner will give the parties and any other person

likely in his opinion to be aggrieved by the decision, an opportunity to

file their evidence and present their arguments, in writing or verbally,

in the manner, form and on the dates as prescribed by the Minister.

instruct any of the parties to pay the expenses, and how they are to be

paid.

(d) An order under subsection (c) may be implemented as if it were a

judgment of a court.

Evidence before

the

Commissioner

99. (a) Subject to the provisions under this Law and unless the

Commissioner instructed otherwise on special grounds to be recorded,

testimony given before the Commissioner will be by affidavit and the

other party will have a right to cross-examine the deponent.

(b) When collecting oral testimony, the Commissioner will have all the

powers of a court with respect to the warning of the witnesses, obtaining

a declaration from them and obligating witnesses to appear before him

and with respect to other related matters, as well as on matters relating

to the giving of testimony.

Extension of

periods 100. (a) The competent authority may, under a request submitted to him and

if he believes there are reasonable grounds for doing so, extend any

period determined under Chapter 4 for the doing of any act before him

or before the Authority, with the exception of the periods determined in

sections 30(b), 40, 41 and 43(a), and in addition to extend the periods

under sections 96 and 98(b), however with respect to section 21 –

(1) he will not extend the period under section 21(1) unless he was

convinced that the design application in Israel was not filed on time

due to reasons over which the applicant and his legal representative

had no control and which could not have been prevented;

(2) he will not extend the period under section 21(2) unless the

competent authority found that no application was filed for

recognition of the date of filing a prior application due to an

innocent mistake, provided however that the design has not yet

been registered.

(b) The competent authority may make the extension of the periods

stated in this section contingent on conditions he deems fit.

may be filed within or after the period; however, if the request was filed

after the expiration of the period, the competent authority will extend it

only on special grounds to be recorded.

Confidentiality 101. A person who received information or a document under this Law in

the course of carrying out his duties or in the course of his employment

will keep such information confidential, not transfer it to any other

person and will not make any use of it except under the provisions of

this Law, and subject to the provisions of any law or under a court order.

Designs Register 102. (a) A register of designs will be kept at the Authority in which the

information required under this Law will be recorded, as well as

additional details that the Commissioner deems fit to record.

(b) The Register will be open for public inspection on the Authority’s

website.

Publication of

information on

the Authority’s

website

103. (a) Information published on the Authority’s website under this Law,

including the Register, will be accessible to the public free of charge.

Such publication on the website will be carried out in such manner to

ensure the credibility, availability and retrieval of the information

published thereon, and output capability.

(b) Notwithstanding the provisions of subsection (a), the Commissioner

may not publish information as stated in the aforesaid subsection, at the

request of anyone who passed on the information to the competent

authority or the Authority under this Law.

under this Law, the Authority will use dependable software and

hardware systems providing reasonable protection against penetration,

disruption, disturbance or causing damage to the computer or the

computer material.

(d) In this section, “computer material” and “output” are as defined in

the Computers Law, 5755-1995.7

Safeguarding the

Authority’s

documents and

public inspection

104. (a) All documents in the possession of the Authority relating to the

examination of a design application , the period of the design and the

rights therein, or any other matter that may affect the period of the

design or the rights therein, with the exception of internal

correspondence between the Authority’s employees or categories of

documents determined under section 112(a)(6) will be kept by the

7 Sefer HaChukkim of 5755, page 366.

Authority from the date of validity expiration of the design or from the

date the design application was rejected or that the applicant withdrew

from such an application, as the case may be, and until the expiration

of at least seven years from such date or until the expiration of any other

period determined under the aforesaid section.

(b) The documents that must be safeguarded pursuant to the provisions

of subsection (a) will be open for public inspection on the Authority’s

website, with the exception of documents relating to a design

application that has not yet been published under section 22 and

information as stated in section 103(b).

Registration of

rights under a

judgment

105. Where a judgment has been delivered to the Commissioner in which

there is a determination concerning rights in a registered design and no

notice was delivered to the Commissioner concerning the filing of an

appeal on the judgment, the Commissioner will record in the Register

the rights with respect to which it was determined as aforesaid upon the

expiration of the period for filing an appeal, unless determined

otherwise in the judgment.

Right of appeal 106. (a) A person who considers himself as aggrieved by a decision of the

Commissioner that concluded the hearing of the proceeding conducted

before him under this Law, including a decision on an objection under

section 96, may appeal it before the court within 45 days of the date of

handing down the decision.

(b) A person who considers himself as aggrieved by any other decision

of the Commissioner under this Law may appeal it before the court after

having been given permission to do so from the appellate court. The

provisions of the last clause of section 41(b) of the Courts Law

[Consolidated Version], 5744-19848 shall apply, mutatis mutandis, to

the court's discretion to grant a leave to appeal, also the provisions

under section 41(c)(1) and (d) of the aforesaid Law. For this purpose,

“any other decision” means any decision that does not conclude the

hearing proceeding conducted before the Commissioner.

Commissioner under this Law is the Jerusalem District Court or the Tel

Aviv District Court, at the election of the appellant; however, the

Minister may, by order, prescribe that the power of the District Court

under this Law will also be with other District Courts as he prescribed.

Respondents in

an appeal 107. Where an appeal has been filed under section 106, the respondent in the

appeal will be any person who was a litigant in the proceedings before

8 Sefer HaChukkim of 5744, page 198.

the Commissioner, with the exception of the appellant; if there was no

other litigant, the Commissioner will be the respondent in the appeal.

In camera

hearing 108. An appeal on a decision of the Commissioner in an objection submitted

to him under section 96 on a decision concerning the refusal of a design

application under section 30, will be heard in camera if the design

application was not yet published under section 22, unless the court

instructed otherwise.

The

Commissioner’s

hearing on a

design with

respect to which

a proceeding is

held in court

109. (a) Where a design registration application has been filed to the

Commissioner or a request for a hearing concerning a design and the

Commissioner is aware there is a proceeding pending before the court

for infringement of the design with respect to which such application

was filed or due to cancelation of the registration of the design in the

except with the leave of the court.

(b) Where the court’s leave has been granted as stated in subsection (a),

the Commissioner shall decide about the application after having given

all the parties in the proceeding pending before the court an opportunity

to present their arguments before him, except in the examination

proceedings of a design application.

of a design after an application was filed to the Commissioner for the

deletion of registration of the design from the Register or for its

cancelation under section 47 or 48, the Commissioner will continue to

hear the application, unless instructed otherwise by the court on this

matter.

Postponement by

customs 110. (a) A proprietor of a registered design who believes that his right has

been infringed or there is reasonable cause for concern that it has been

infringed, may deliver a written notification to the Customs Director

according to which he is the owner of a right in a registered design, and

to request that he postpone the release of goods which, according to the

assertion of the registered design proprietor are infringing his right in

the design, and to treat them as goods whose import is prohibited under

the Customs Ordinance (hereinafter referred to in this section as the

“notification”).

(b) The notification shall include all the following:

(1) a copy of the record of the design in the Register, as well as a

clear visual description of the registered design enabling the

Customs Director to compare the registered design and the

infringing goods, including photographs, a catalog or any other

document enabling the Customs Director to make such

comparison;

(2) sufficient indication of the name of the importer importing the

infringing goods or the container number in which they are

imported;

(3) additional details if they are known to the proprietor of the

registered design, including the name of the ship or the means of

import in which the infringing goods were imported, the date on

which such goods are to arrive in Israel and the number of packages

to be received.

with initial evidence and an independent self-guarantee in an amount

determined by the Customs Director to cover the expense relating to a

postponement or to compensate for any damage incurred by such

postponement, if it becomes apparent that the postponement was not

justified, and also to pay any fee prescribed in this regard under the

Customs Ordinance. For the purpose of this subsection, the furnishing

of any details enumerated in subsections (a) and (b) will be deemed the

furnishing of initial evidence.

(d) The provisions of this section will not apply to infringing goods

imported for personal use.

(e) In this section, the “Customs Director” means the Director, as

defined in the Customs Ordinance.

Application to

the State 111. (a) This Law will also apply to the State, subject to the provisions of

subsection (b).

(b) (1) The provisions of section 12 will also apply, mutatis mutandis,

to a design designed by a State employee.

(2) The provisions of section 13 will also apply, mutatis mutandis,

to a design ordered by a State employee, and the State will be the

first proprietor of the design that was designed according to such

order.

(3) In this subsection, a “State employee” includes a soldier, police

officer and any officer or functionary under statute in any of the

State institutions.

Chapter 11: Implementation and Regulations

Implementation

and regulations 112. (a) The Minister is responsible for the implementation of this Law and

he may enact regulations on any matter relating to its implementation,

and inter alia, on the following matters:

(1) arrangements for registration of designs and the classification of

design products ; the list of classifications will be determined, if

possible, pursuant to the Locarno Agreement;

(2) procedures in proceedings under this Law;

(3) the determination of dates for implementation of acts required

under this Law;

(4) applications filed under this Law, including the manner of filing

the application, details to be included therein and the documents to

be attached to it. In the regulations under this paragraph, the

Minister may determine the documents the competent authority

may demand from a person filing a design application, provided

however that such documents are known to the applicant and they

will affect the eligibility of the design for protection as a registered

design;

(5) the fees for applications filed with the Authority or for acts of the

Authority under this Law, including for registration and renewals

of designs and proceedings before the competent authority, and the

methods of updating the fee amounts, dates of updating and dates

of payment of fees; in the regulations under this paragraph the

Minister may prescribe fees for any design included in A design;

regulations under this paragraph will be enacted with the consent

of the Minister of Finance;

(6) categories of documents to which the provisions of section

104(a) will not apply or will apply with the changes as determined,

and also documents and categories of documents to be kept by the

Authority for a period that is different than the one prescribed in

that section;

(7) the method of publication of information that must be published

under this Law on the Authority’s website, and the determination

of additional methods for publication of such information;

(8) the method of filing an objection as stated in section 96.

(b) Regulations under subsection (a) (5) and (7) will be enacted with

the approval of the Economic Affairs Committee.

Chapter 12: Indirect Amendments

Amendment of

the Patents and

Designs

Ordinance – no.

113. In the Patents and Designs Ordinance9 -

(1) the following will be inserted after section 3A:

“Applying

Ordinance in

respect to

designs:

3B. The provisions under this Ordinance will

apply to a design that prior to the date of

commencement of the Designs Law, 5777-

201710 (referred to in this Ordinance as the

“Designs Law”) satisfied one or more of the

following conditions:

(1) the design was made public;

(2) a design application was filed for in the

Designs Register;

(3) the design was registered in the Designs

(2) In section 33 –

(a) in the margin heading, the word “copyright” should be replaced

by the word “ the design”;

(b) the following will be inserted after subsection (3):

“(3A) If the Commissioner was requested on the relevant date

and in the manner prescribed, before the expiration of the third

period of five years, to extend the date of the design right and

the fee determined was paid, the Commissioner shall extend the

period of the design right for a fourth period of three years from

the date of expiration of the third period; the fee for the

extension of the date of the design right under this subsection

will be equal to the fee determined under the provisions of

subsection (3);

the words “up to (3A)”, instead of “or (3)” will be inserted “up to

(3A)” and instead of the words “the first or second” will be inserted

“the first, second or third”;

(3) the following will be inserted after section 37:

9 Laws of Palestine, vol. II, page (Hebrew) 1053, (English) 1076; Sefer HaChukkim of 5768, page 568. 10 Sefer HaChukkim of 5777, page 1176.

“Remedies

with respect

to assets

produced in

infringement

of a design right

37A. (a) Upon conclusion of a claim for infringement

of a design right, the court may, after having

considered, inter alia, the severity of the

infringement and the interest of any other person

concerned that is not a party to the claim, instruct

as follows –

(1) the performing of an act with respect to

assets produced in infringement of a right (in

this section, the “infringing assets”) whose

purpose is to prevent damage to the

proprietor of the design right, and including

the transfer of ownership in these assets to

the plaintiff if he so requested, or their

destruction; however, where the court

ordered such transfer of ownership, it may, if

it found that the plaintiff was likely to use the

infringing assets, charge him the payment as

it shall determine;

(2) the performing of an act with assets whose

main or central use was for the manufacture

of infringing assets whose purpose is to

prevent the continued infringement heard by

the court or any other infringement of a

design right.

(b) The provisions of subsection (a) will also

apply with respect to an asset found in the

possession of a person who was not himself in

infringement of such right, all subject to the

provisions of section 34 of the Sale Law, 5728-

196811.”;

(4) Section 55 – repealed.

Amendment of

Customs

Ordinance – No.

114. In the Customs Ordinance12, in section 200A(a) –

(1) In the opening section, after the words “or in any other manner” will

be inserted the words “and with respect to a design – by way of receipt

of a notice as stated in section 110 of the Designs Law, 5777-2017 (in

this section, the “Designs Law”), instead of the words “infringement of

11 Sefer HaChukkim of 5728, page 98. 12 Dinei Medinat Yisrael (Nusach Chadash), Vol. 3, page 39; Sefer HaChukkim of 5776, page 283.

(2) in paragraph (3), instead of the words “the proprietor of the

the copyright, design or trademark” and instead of the concluding part,

beginning with the words “or 69A” will be inserted the words “section

110 of the Designs Law or section 69A of the Trademarks Ordinance,

where notice was given”.

Amendment of

the Income Tax

Ordinance – No.

243

115. In the Income Tax Ordinance13, in sections 2(9), 8(b) and 125, wherever

the words appear “patent or design”, will be inserted the words “patent,

design (old version) design”.

Amendment of

the Purchase Tax

(Goods and

Services) Law –

No. 24

116. In the Purchase Tax (Goods and Services) Law, 5712-195214, in section

1, in the definition of “service” in paragraph (3), instead of the words

“design rights” will be inserted the words “rights in a design or a

design”, instead of “for use thereof” will be inserted the words “for use

thereof” and instead of “design right” will be inserted “rights in a design

or design”.

Amendment of

the Chamber of

Advocates Law

– No. 40

117. In the Israel Bar Association Law, 5721-196115, in section 20(2) after

the words “the Registrar of Patents and Designs” will be inserted the

words “the Commissioner, as defined in the Designs Law, 5777-201716;

Amendment of

the Appellations

of Origin and

Geographical

Indications

(Protection) Law

– No. 5

118. In the Appellations of Origin and Geographical Indications (Protection)

Law, 5725-196517 (hereinafter, the Appellations of Origin (Protection)

Law”) –

(1) in section 21A, instead of the words “under sections 22 and 23” will

be inserted the words “under sections 22, 23 and 23A”;

(2) in section 21B(a), instead of the words “under sections 22 and 23”

will be inserted the words “under sections 22, 23 and 23A”;

(3) the following will be inserted after section 23:

Remedies

with respect

to assets

produced in

infringement

23A. (a) Upon conclusion of hearing of an action for

infringement of a right in a registered

appellation of origin, the court may, after

having considered, inter alia, the severity of the

13 Dinei Medinat Yisrael (Nusach Chadash), Vol. 6, page 120; Sefer HaChukkim of 5777, page 1092. 14 Sefer Ha-Chukkim of 5712, page 344; of 5776, page 286. 15 Sefer Ha-Chukkim of 5721, page 178; of 5776, page 1115. 16 Sefer Ha-Chukkim of 5777, page 1176. 17 Sefer Ha-Chukkim of 5725, page 186; of 5772, page 57.

of a right in a

registered

appellation of

origin

infringement and the interest of any other

person concerned that is not a party to the

action, instruct as follows –

(1) the performing of an act with respect to

assets produced in infringement of a right

(in this section, the “infringing assets”)

whose purpose is to prevent damage to the

proprietor of the right, and including the

transfer of ownership in these assets to the

plaintiff if he so requested, or their

destruction; however, where the court

ordered such transfer of ownership, it may,

if it found that the plaintiff was likely to use

the infringing assets, charge him the

payment as it shall determine;

(2) the performing of an act with assets

whose main or central use was for the

manufacture of infringing assets whose

purpose is to prevent the continued

infringement heard by the court or any other

infringement of a right.

(b) The provisions of subsection (a) will also

apply with respect to an asset found in the

possession of a person who was not himself in

infringement of such right, all subject to the

provisions of section 34 of the Sale Law, 5728-

196818.”

Amendment of

Patents Law –

No. 12

119. In the Patents Law, 5727-196719 -

(1) in section 143(a), instead of the word “design” will be inserted the

words “the design, the designs”;

(2) in section 154(a), instead of the word “for designs” will be inserted

“for design, for designs”;

(3) in section 182, subsection (b) – repealed.

Amendment of

Trademarks 120. In the Trademarks Ordinance [New Version], 5732-197220 -

18 Sefer Ha-Chukkim of 5728, page 98. 19 Sefer Ha-Chukkim of 5727, page 148; of 5774, page 274. 20 Dinei Medinat Yisrael (Nusach Chadash), Vol. 26, page 511; Sefer Ha-Chukkim of 5770, page 562.

Ordinance – No.

8 (1) in section 11(4), instead of the words “registered design” will be

inserted the words “registered design”, “design”, “registered design”,

“unregistered design”;

(2) in section 69A(b) at the opening part of the section, instead of the

words “a copy of the trademark registration certificate” will be inserted

the words “a copy of the trademark registration in the Register”.

Amendment of

the Criminal

Procedure Law –

No. 80

121. In the Criminal Procedure Law [Consolidated Version], 5742-198221,

in the First Schedule A, in Part A, item (66) – to be deleted.

Amendment of

Companies

Ordinance – No.

122. In the Companies Ordinance [New Version], 5743-198322, in section

178(a)(6) in each place after the word “patents” will be inserted the

words “design or designs”, and instead of the words “rights of

Amendment of

the Courts Law –

No. 90

123. In the Courts Law [Consolidated Version], 5744-198423, in section

40(4), after sub-paragraph (i) will be inserted the following:

“(j) The Designs Law, 5777-201724;

Amendment of

the Restrictive

Trade Practices

Law – No. 19

124. In the Restrictive Trade Practices Law, 5748-198825, in section 3(2),

after the word “design” will be inserted the word “design”.

Amendment of

the Integrated

Circuits

(Protection) Law

125. In the law for the protection of the Integrated Circuits (Protection) Law,

5760-199926 (hereinafter, the “Integrated Circuits (Protection) Law”),

the following will be inserted after section 12:

“Remedies

with respect

to assets

produced in

infringement

of exclusive

right in a lay-

out plan

(topography)

12A. (a) Upon conclusion of a hearing in an action

for infringement of an exclusive right in a

layout plan (topography), the court may, after

having considered, inter alia, the severity of the

infringement and the interest of any other

person concerned that is not a party to the

action, instruct as follows –

(1) the performing of an act with respect to

assets produced in infringement of a right

(in this section, the “infringing assets”)

whose purpose is to prevent damage to the

21 Sefer Ha-Chukkim of 5742, page 43; of 5777, page 921. 22 Dinei Medinat Yisrael (Nusach Chadash), Vol. 37, page 761; Sefer Ha-Chukkim of 5776, page 626. 23 Sefer Ha-Chukkim of 5744, page 198; of 5777, page 695. 24 Sefer Ha-Chukkim of 5777, page 1176. 25 Sefer Ha-Chukkim of 5748, page 128; of 5776, page 1262. 26 Sefer Ha-Chukkim of 5760, page 42.

proprietor of the right in the layout plan

(topography), and including the transfer of

ownership in these assets to the plaintiff if

he so requested, or their destruction;

however, where the court ordered such

transfer of ownership, it may, if it found that

the plaintiff was likely to use the infringing

assets, charge him the payment as it shall

determine;

(2) the performing of an act with assets

whose main or central use was for the

manufacture of infringing assets whose

purpose is to prevent the continued

infringement heard by the court or any other

infringement of a right in a lay-out plan

(topography).

(b) The provisions of subsection (a) will also

apply with respect to an asset found in the

possession of a person who was not himself in

infringement of such right, all subject to the

provisions of section 34 of the Sale Law, 5728-

196827.”

Amendment of

the Prohibition

on Money

Laundering Law

– No. 23

126. In the Prohibition on Money Laundering Law, 5760-2000 28, in the First

Schedule, in item (16), the word “design” and the words “the Patents

and Design Ordinance” shall be deleted.

Amendment of

the Copyright

Law – No. 4

127. In the Copyright Law, 5768-200729 (hereinafter, the “Copyright Law”)

–

(1) In section 1 –

(a) In the definition of “creative work”, the following words will be

inserted at the end “and including a typeface”;

(b) In the definition ““publication” of a work”, the following words

will be inserted at the end “that is not a typeface”;

(2) In section 7 –

27 Sefer Ha-Chukkim of 5728, page 98. 28 Sefer Ha-Chukkim of 5760, page 293; of 5777, page 1038. 29 Sefer Ha-Chukkim of 5768, page 38; of 5777, page 504.

(a) In the margin heading after the word “design” will be inserted

the word “designs”;

(b) After the words “the Patents and Design Ordinance” will be

inserted the words “or in a design as defined in the Designs

Ordinance, 5777-201730”, after the word “design” will be inserted

the words “or the design” and after the word “design” will be

inserted the words “or design”;

(3) In section 11(6) after the words “artistic work” will be inserted the

words “that is not a typeface”;

(4) After section 28A will be inserted the following:

“Permitted

use of

typeface

28B. Use of a typeface by data entry, word

processing, typesetting, printing or typing, as

well as keeping a product for such use – are

permitted even if carried out while using a

computer program or other product infringing

the right in the typeface.”;

(5) The following will be inserted after section 41:

Period of

typeface

41A. The copyright in a typeface will be for a period

of seventy years from the date of publication

of the typeface.”;

(6) in section 45(a), the following words will be inserted at the end

“however, with respect to a work that is a typeface, the right as stated

in section 46(1) will not apply”;

(7) in section 47, its provisions will be marked “(a)” and thereafter the

following will be inserted:

“(b) When examining an assertion of infringement as stated in

subsection (a) with respect to a work which is a typeface, inter alia,

the variety of options existing for a design of letters, numbers and

other language signs will be taken into account;”;

(8) in section 48, its provisions will be marked “(a)” and thereafter the

following will be inserted:

“(b) The provisions of subsection (a) will apply, mutatis mutandis,

to a copy of a work, even if made pursuant to the provisions of

30 Sefer Ha-Chukkim of 5777, page 1176.

section 28B, provided however that it was made without the

permission of the owner of the copyright in the typeface.”;

(9) in section 50(b), the following words will be inserted at the end “and

with respect to a typeface – even if the act was made pursuant to the

provisions of section 28B”;

(10) in section 60, the following will be inserted instead of subsection

(a):

“(a) Upon conclusion of a hearing in an action for infringement of

alia, the severity of the infringement and the interest of any other person

concerned that is not a party to the action, instruct as follows –

(1) the doing of an act with respect to infringing copies the purpose

of which is to prevent any damage to the owner of the copyright,

including the transfer of ownership in those copies to the plaintiff if

he so requested, or their destruction; however, where the court has

ordered such transfer of ownership, it may, if it found that the

plaintiff is likely to use the infringing copies, charge him the

payment, as it shall determine;

(2) the doing of an act in assets whose main and central use was

for the manufacture of the infringing copies whose purpose is to

prevent the continued infringement of copyright that the court heard

or another infringement of copyright.”

Chapter 13: Commencement, Application and Transitional Provisions

Commencement 128. (a) This Law shall come into effect on the date of its publication

(hereinafter referred to in this Chapter as the “date of commencement”).

(b) Notwithstanding the provisions of subsection (a) –

(1) the commencement of sections 33 and 37A of the Patents and

Designs Ordinance and the repeal of section 55 of the aforesaid

Ordinance, sections 21A, 21B(a) and 23A of the Appellations of

Origin (Protection) Law and section 12A of the Integrated Circuits

(Protection) Law, as drafted in this Law, is on the date of

publication of this Law (hereinafter referred to in this Chapter as

the “date of publication”);

(2) the commencement of Chapter 8 is three months after the date

of accession of the State of Israel as a party to the Hague

Agreement, provided however that such date does not precede the

date of commencement. The Minister will publish in Reshumot a

notice on such date of accession and the Authority will publish

such notice on its website. In this paragraph, the “Hague

Agreement” is as defined in section 79.

Application 129. (a) The provisions of section 33 of the Patents and Designs Ordinance,

as drafted in section 113(2) of this Law, will apply to a design that on

the eve of the date of publication satisfied one of the following

conditions:

(1) it is a registered design under the provisions of the Ordinance

and the period of the design right has not elapsed in its regard as

stated in section 33(3) of the Ordinance;

(2) the period of the design right in its regard has expired due to

non-filing of an extension request pursuant to the provisions of

section 33(3) of the Ordinance, and on the eve of the date of

publication a request was filed to extend the date of the design

right pursuant to the provisions of section 33(4) of the Ordinance.

(b) The provisions of the sections specified below, as drafted in this

Law, will not apply to the infringement of such a right in those sections

that was made on the eve of the date of publication:

(1) section 37A of the Patents and Designs Ordinance;

(2) section 23A of the Appellations of Origin (Protection) Law;

(3) section 12A of the Integrated Circuits (Protection) Law;

(4) section 60(a) of the Copyright Law.

Application of

the Designs Regulations with

respect to

designs

130. (a) The Designs Regulations will apply, mutatis mutandis, to

applications for registration of a design and to a registered design under

the provisions of this Law, and they will be deemed to have been

enacted under this Law in those matters respecting which power was

granted to enact regulations hereunder, as long as regulations have not

entered into effect in their place under this Law or until the expiration

of two years after the date of publication, according to the earlier of the

two, provided however that all the following conditions are satisfied:

(1) the Designs Regulations were not repealed under law;

(2) no provisions were determined in this Law in those matters

regulated in the Designs Regulations;

(3) the Designs Regulations are not contrary to the provisions of

this Law.

(b) Without derogating from the generality of the foregoing in

subsection (a) (2) and (3), Regulations 4, 5, 12, 14 to 16, 18, 29, 34 to

36, 40 to 46, 48 to 54, 57 to 58, 70(2) and 71 of the Designs Regulations

and the Second Schedule to the aforesaid Regulations – will not apply

with respect to designs as stated in subsection (a).

Transitional

provisions 131. (a) Notwithstanding the provisions of section 35 of the Patents and

Designs Ordinance, the competent authority will publish on the

Authority’s website a visual description of each design registered in the

Designs Register under the provisions of the aforesaid Ordinance (in

this section, the “Designs Register”), as registered in such Register, and

also the name of the proprietor of the design on the dates as specified

below:

(1) with respect to designs registered in the Designs Register until

the date of commencement – up to 30 days after the date of

commencement;

(2) with respect to designs registered in the Designs Register after

the date of commencement – upon their registration in the Designs

(b) The Register and the Designs Register will be combined and will be

displayed together on the Authority’s website, provided however that

with respect to any record of a design or design the Authority will note

whether it was made pursuant to the provisions of this Law or pursuant

to the provisions under the Patents Ordinance.

stated in section 37(1)(a) or (b) of the Patents and Designs Ordinance

concerning a design that but for the provisions of section 33(3A) of the

aforesaid Ordinance, as drafted in this Law, the third period of design

right therein as stated in section 33(3) of the Ordinance would have

lapsed at the latest upon the expiration of two years after the date of

publication of this Law, is entitled to perform any of the acts as stated

in section 37(1)(a) or (b) of the Patents and Designs Ordinance, for the

purpose of his business only, even if the period of the design right was

extended as stated in the aforesaid section 33(3A).

(d) (1) A request for the extension of the date of a design right under

the provisions of section 33(3A) of the Patents and Designs

Ordinance, as drafted in this Law, will not be filed except upon

the expiration of three months after the date of publication and

henceforth.

(2) Notwithstanding the provisions of paragraph (1), with respect

to a design whose third period of design right therein as stated in

section 33(3) of the Patents and Designs Ordinance has expired

within the three months stated in paragraph (1), the proprietor of

the design may file a request for the extension of the date of the

design right pursuant to the provisions of section 33(4) of the

Patents and Designs Ordinance, as drafted in this Law, and he will

be exempt from payment of an additional fee under this section.

Such request will be filed in the period which commenced upon

the expiration of three months after the date of publication and

ended upon the expiration of six months after the date of

publication.

Benjamin Netanyahu Prime Minister

Ayelet Shaked Minister of Justice

Reuven Rivlin President of the State

Yuli-Yoel Edelstein Speaker of the Knesset

DISCLAIMER: For you attention please note that The English version is a translation of the

original in Hebrew that is for reference only. In case of a discrepancy, the Hebrew original will

prevail

Израиль

IL118

Designs Law, 5777-2017