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INTELLECTUAL
PROPERTY LITIGATION IN ISRAEL
1. Israeli laws provide strict enforcement of Intellectual
Property rights. The Law of Patents, The Patents and Designs
Ordinance, The Trademark Ordinance, The Copyright Law and
The Copyright Ordinance provide civil remedies, and criminal
procedures (except for The Law of Patents) against infringers.
2. The Law of Commercial Torts provides civil remedies against
acts of “passing off” and unfair competition
practices. It also provides protection of rights in goodwill
and in proprietary information.
3. The Law of Unjust Enrichment provides under suitable circumstances,
civil remedies against acts which infringe upon inter alia
rights in all forms of intellectual property, whether registered
or unregistered.
4. The Israeli Courts grant under suitable circumstances
interlocutory injunctions, and Anton Piller and Mareva Orders.
Israeli Courts have gained over the years a sizeable body
of precedents in matters of intellectual property, which
indicates a growing concern for the protection of intellectual
property rights and application of lawful measures to enforce
them.
5. Intellectual property contracts signed in Israel, like
other contracts in Israel, are under Israeli jurisdiction
and governed by the Israeli Law of Contracts, unless otherwise
provided in the contract. If the contracting parties have
elected that the construction of the contract shall be governed
by any foreign law, then the Israeli Courts will construe
the contract according to that law.
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