Designs in Israel – Guide and FAQs
Novelty – there was no preceding design which is either identical or which differs in immaterial details.
Individual Character – the design creates an overall impression different than that of any preceding design. The overall impression is determined according to the "informed user" – a person interested in a design product the for its use, familiar with the variety of designs existing in the relevant commercial field.
For example, handymen/handywomen may be informed users with respect to power drills.
In addition, individual character will be examined with respect to ANY product, and not only the type of products in question.
Novelty and individual character are examined globally (contrary to the previous version of designs law in Israel, which examined local prior art).
Any product, including sets of products with common design (for example, sets of silverware), packaging, graphic symbols/icons and screen displays, but excluding types of fonts and computer software.
Products or elements of products which were designed solely according to their functional feature are also excluded.
The designer or any other person or entity which acquired ownership of rights in the design (for example by virtue of employment or by contract).
25 years, subject to renewal every five years.
Yes, for a period of three years only.
A condition for protection of an unregistered design is that the design was sold or distributed commercially in Israel within 6 months of its publication in either Israel or abroad.
Deferment of publication is available for up to six months.
Clearly, identical designs will be found as infringing. As to similar designs – infringement will be determined according to the overall impression of the informed user, as explained above.
Yes, in one of following cases:
- The registered design was ab initio ineligible for registration.
- The applicant was not entitled to file the design application.
- The design was registered despite the fact that a preceding application was filed for the same design or a design which differs in immaterial details.
Yes.
Make sure to claim discounted fees, if applicable (among others, for natural persons or corporations with certain turnovers).
?What are the requirements for registering a design in Israel
Novelty – there was no preceding design which is either identical or that differs in immaterial details only.
Individual Character – the design creates an overall impression different from any preceding design. The overall impression is determined according to the "informed user" – a person interested in a product, subject of the design, for their use, and who is familiar with a variety of designs existing in the relevant commercial field.
For example, a handywoman or a handyman may be informed users with respect to power drills.
In addition, individual character will be examined in relation to ANY product, and not only the type of products in question.
Novelty and individual character are examined globally (contrary to the previous version of designs law in Israel, which examined local prior art).
?What types of designs may be protected
Any product, including sets of products with common design (for example, sets of silverware), packaging, graphic symbols/icons and screen displays, but excluding font types and computer software.
Products or elements of products which were designed solely based on their functional features are also excluded.
?Who may file to register a design in Israel
The designer or any other person or entity that has acquired ownership of rights in the design (for example by virtue of employment or by contract).
Duration of protection of registered designs in Israel
25 years, renewable every five years.
?Are unregistered designs protected in Israel
Yes, for only three years.
A condition for protection of an unregistered design is that the design was sold or distributed commercially in Israel within six months of its publication in either Israel or abroad.
Deferment of Publication
Deferment of publication is available for up to six months.
?What constitutes design infringement in Israel
Clearly, identical designs will be considered infringing. As to similar designs – infringement will be determined according to the overall impression as perceived by the informed user, explained above (under registration requirements).
?Can registered designs in Israel be revoked
Yes, in one of the following cases:
- The registered design was ab initio ineligible for registration.
- The applicant was not entitled to file the design application.
- The design was registered even though a preceding application was filed for the same design or a design which differs in immaterial details.
?Is Israel party to the Hague Agreement
Yes.
Registration Requirements
Novelty – there was no preceding design which is either identical or which differs in immaterial details only.
Individual Character – the design creates an overall impression different than that of any preceding design. The overall impression is determined according to the "informed user" – a person interested in a product, subject of the design, for their use, and who is familiar with a variety of designs existing in the relevant commercial field.
For example, a handywoman or a handyman may be informed users with respect to power drills.
In addition, individual character will be examined with respect to ANY product, and not only the type of products in question.
Novelty and individual character are examined globally (contrary to the previous version of designs law in Israel, which examined local prior art).
Types of Designs
Any product, including sets of products with common design (for example, sets of silverware), packaging, graphic symbols/icons and screen displays, but excluding types of fonts and computer software.
Products or elements of products which were designed solely according to their functional feature are also excluded.
Eligible Applicants
The designer or any other person or entity which acquired ownership of rights in the design (for example by virtue of employment or by contract).
Duration of Protection
25 years, subject to renewal every five years.
Unregistered Designs
Unregistered designs are protected in Israel for a period of three years only.
A condition for protection of an unregistered design is that the design was sold or distributed commercially in Israel within 6 months of its publication in either Israel or abroad.
Deferment of Publication
Deferment of publication is available for up to six months.
Design Infringement in Israel
Clearly, identical designs will be found as infringing. As to similar designs – infringement will be determined according to the overall impression of the informed user, as explained above (with respect to registration requirements).
Revocation of Designs
Revocation of registered designs is possible in Israel, in one of following cases:
- The registered design was ab initio ineligible for registration.
- The applicant was not entitled to file the design application.
- The design was registered despite the fact that a preceding application was filed for the same design or a design which differs in immaterial details.
Hague System/eHague
Israel is party to the Hague Agreement Concerning the International Deposit of Industrial Designs (Hague System/eHague).
Information on this website is generalised and does not constitute exhaustive legal advice. Readers must seek legal counselling suitable for their personal matter.