Some highlights in filing Israeli design applications
Israel’s designs are presently defined and ruled by the design ordinance and regulation of 1925 and 1926. The only official versions are in Hebrew.
However, the new Israel Design Law, which has been in the making for at least five years, was ratified in July 2017 and will be in effect from July 26th 2018. In the meantime, designs filed until the new Law goes into effect will be subject to the Ordinance until their expiry.
According to the unoffical version published by WIPO, a design under the Ordinance is the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means…which in the finished article appeal to, and are judged solely by, the eye…
According to Section 72 of the Ordinance at least fifty articles should be manufactured or at least planned in order for the article to be considered as made by an industrial process or means.
Classification of Israeli designs is determined by the Locarno Classification (LOC).
Online search of Israeli designs is now available at the Israeli Patent Office, http://designsearch.justice.gov.il/
The new Design law borrows many features from foreign jurisdictions, in particular from the EU Directive 98/71/EC of the European Parliament and the Council:
Unregistered designs will enjoy a 3 year period of local market exclusivity, as opposed to no exclusivity existing beforehand
Registration will expire in 25-26 years instead of the current 15 years. In the interim period between November 2017 and July 2018 designs still in effect may have their life extended for another 3 years upon request.
Willful infringement is a criminal offence
Counterfeit goods may be held by customs
Compensation may be awarded without need to prove damage