WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
0RGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP /N/1/ISR/1/3 
IP /N/1/ISR/C/9 
14 march 2000 
(00-1029) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
ISRAEL 
The present document reproduces the text1 of the Law to Amend Intellectual Property Laws: 
Modifications to Implement the Provisions of the TRIPS Agreement, 5760-1999, containing amendments to the 
following laws: the Patents Laws, the Patents and Designs Ordinance, the Trademarks Ordinance, the 
Merchandise Marks Ordinance, the Appellations of Origin (Protection) Law, the Copyright Act, the Copyright 
Ordinance, the Performers' and Broadcasters' Rights Law and the Customs Ordinance, as notified by Israel 
under Article 63.2 of the Agreement (see document IP/N/l/ISR/1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
ISRAEL 
Le present document contient le texte1 de la Loi 5760-1999 portant modification des lois sur la 
propriete intellectuelle pour mettre en ceuvre les dispositions de !'Accord sur les ADPIC, et modifiant les lois 
suivantes: Loi sur les brevets, Ordonnance sur les brevets et les dessins et modeles, Ordonnance sur les marques 
de fabrique ou de commerce, Ordonnance sur les marques de fabrique, Loi sur la protection des appellations 
d'origine, Loi sur le droit d'auteur, Ordonnance sur le droit d'auteur, Loi sur les droits des artistes interpretes ou 
executants et des organismes de radiodiffusion et Ordonnance sur les douanes, notifiee par Israel au titre de 
!'article 63:2 de !'Accord (voir le document IP/N/l/lSR/1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PRO PIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DELP ARRAFO 2 
DEL ARTICULO 63 DEL ACUERDO 
ISRAEL 
En el presente documento se reproduce el texto1 de la Ley por la que se modifica la legislaci6n sobre 
propiedad intelectual: modificaciones para aplicar a las disposiciones del Acuerdo sobre los ADPIC, 
5760-1999, que contienen enmiendas alas leyes siguientes: Ley sobre las Patentes, Ordenanza sobre patentes y 
diseiios y dibujos, Ordenanza sobre marcas de fabrica o de comercio, Ordenanza sobre marcas de fabrica, Ley 
sobre la Protecci6n de las Denominaciones de Origen, Ley sobre Derecho de Autor, Ordenanza sobre derecho 
de autor, Ley sobre los derechos de los artistas interpretes o ejecutantes y de los organismos de radiodifusi6n y 
Ordenanza sobre las aduanas, notificado por Israel en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP/N/l/ISR/1). 
1 English only./Anglais seulement./En ingles solamente. IP/N/1/ISR/1/3 
IP/N/1/ISR/C/9 
Page 2 
Law to Amend Intellectual Property Laws­
(Modification to Suit the Provisions of the TRIPS Agreement) 
5760-1999 
Purpose of the law 
1. The purpose of this Law is to amend intellectual property laws to conform with the 
requirements of the World Trade Organization Agreement relating to aspects of intellectual 
property rights (Agreement on Trade-Related Aspects of Intellectual Property Rights 
Including Trade in Counterfeit Goods -(TRIPS)) (hereinafter: "TRIPS"). 
Chapter 1: Copyright 
Amendment of Copyright Ordinance 
2. In the Copyright Ordinance1 -
( 1) Section 2 -repealed; 
(2) After the end of current section 2A, the following words shall be added: "in this Ordinance; 
'computer programs' -whether in source or object code." 
(3) After section 3F, the following shall be inserted: 
"Rental of computer software 
3Fl. The rental of computer programs for commercial purposes shall be deemed copyright within 
the meaning of such tem1 in the Copyright Act 1911 except where the computer program itself is not 
the essential object of the rental."; 
( 4) The following shall be mserted atter section 7 A: 
"Subjects not protec1ed 
7B. Notwithstanding the provisions of section 1 of the Copyright Act 
1911, no copyright shall subsist in any of the follo\,ing: 
(1) an ide~ 
(2) a process or method of perfonnance: 
(3) a mathematical concept; 
( 4) a fact or datum, on their own; 
1 L,w·s of Palrtstine, Vol. I.. p. (H) 369, (E) 3S9. 
? Lm~·s of Palt!stine. Vol. II. p. lH) :635. (E) :.ns. IP/N/l/ISR/1/3 
IP/N/1/ISR/C/9 
Page 3 
(5) the daily news; 
however, copyright shall subsist in the manner in which these are 
expressed. 
Destn1ction of goods 
7C. Without derogation from the provisions of section 7 of the Copyright 
Act 1911, the court may, at the end of the hearing of a claim, order the 
destruction of goods produced in infringement of copyright or used to 
perform such an infringement; a party filing an application for the destruction 
of goods under this section shall advise the Israel Police Force of such in the 
manner to be prescribed in the regulations, and the court shall not deal with 
the application without providing an opportunity to the police to make claims. 
Grant of notice to Director of Customs 
70. (a) The holder 'Of copyright in a work whose copyright has been 
infringed, or where there is a reasonable suspicion that it will be infringed, 
may give notice in writing to the Director of Customs to the effect that he is 
the holder of copyright in the work, and requesting the Director to delay 
releasing the goods that he claims are infringing copies of the work and to 
treat them as goods the import of which is prohibited under the Customs 
Ordinance. 3 
(b) A notice under sub-section (a) shall include one of the following: 
(I) An example of the original work or a non-infringing copy 
of it in which the applicant has copyright and in respect of 
\Vhich the holder gives notice of the importation of 
infringing copies; 
(2) A catalog or any other document that enables the Customs 
Director to compare the original work or non-infringing 
copy of it with the infringing copies. 
(c) The holder of copyright shall provide the Customs Director \',ith 
the following information, to the extent that he has knowledge of it: 
( 1) The number of parcels to be received; 
(2) Sufficient notation of means of importation or the name 
of the ship bringing the infringing copies; 
(3) The date on which the infringing copies are meant to be 
received. 
(d) The cop::,-right holder must provide the Customs Director with 
primary evidence, and a personal guarantee, as prescribed by the Customs 
Director, in order to cover all expenses connected with detaining goods, or in 
order to compensate for any damage caused as a result of the detaining of 
goods. should it become apparent that the detention of the goods was 
3 Sr::fer Hacl111kim, 5155, p. 366. IP/N/1/ISR/1/3 
IP/N/1/ISR/C/9 
Page4 
unjustified, and to pay any fee prescribed for this purpose in the Customs 
Ordinance. 
( e) The provisions of this section shall not apply to infringing copies 
imported for personal use as defined in section 129 of the Customs 
Ordinance.''; 
Amendment of Copyright Act 
3. Section 14 of the Copyright Act 1911 shall no longer apply in Israel. 
Chapter 2: Designs 
Amendment of Patents and Designs Ordinance 
4. 1n the Patents and Designs Ordinance,1 -
( l) The following shall be inserted at the end of section 2: 
""World Trade Organization" -the World Trade Organization constituted by 
the agreement signed in Marrakech on 15 April 199-i' ; 
"Member state" -a state that is party to the Paris Treaty or a member of the 
World Trade Organization; 
"Paris Treaty" -the Treaty relating to Industrial Property Protection signed in 
Paris in 1883 5, as amended, to the extent that Israel is bound by such;•,, 
(2) The following shall be inserted at the end of section 33: 
"( 4) Despite the provisions of sub-sections (2) and (3), where the proprietor 
of a design has not requested an extension of the period of copyright and has 
not paid the fee on the date set out as aforesaid in sub-sections (2) or (3), such 
person may, during a period of six months commencing at the end of the first 
or second period of five years, as the case may be, request an extension of the 
period of copyright, subject to the payment of a fee in addition to the fee set 
out W1der these sub-sections.''; 
(3) The following shall replace section 52: 
"Prioriry 
52 (a) Where the proprietor of a design files an application for registration of 
a design for a design in respect of which such person or a person preceding 
4 Lml'sof Pali!sting, Vol. II, p. tH) 1053, (E) 1076. 
' These agrt!ements are deposited in the Ministry of Industry and Trade and uny person may inspect 
them. 
s TNaties, Vol. 21, p. 495. IP/N/1/ISR/I/3 
IP/N/1/ISR/C/9 
Page 5 
him in ownership has already filed an application for registration in one or 
more member states (hereinafter: the "prior application") and the prior 
application was filed on behalf of a citizen or resident of the said state, the 
proprietor may demand that for the purposes of sections 30(£) and 36, the date 
of the first prior application shall be the date of the application filed in Israel 
(hereinafter: "priority"), if all of the following have been fulfilled: 
( l) The application in Israel is filed within six. months after the filing 
of the first prior application; 
(2) Priority is claimed in Israel v,ithin two months after the filing of 
the application in Israel; 
(3) A copy of the prior application together with the sketches 
accompanying it, certified by the competent authority in the 
member state in which the prior application was filed, were filed 
with the registrar within the time prescribed by the Minister of 
Justice; 
(4) The design set out in the prior application and the design sought to 
be registered by the applicant are fundamentally similar. 
(b) The provisions of sub-section (a) shall also apply to an application to 
register a design based on an application to register a utility model "; 
(4) In section 56, the words "and renewal of them" shall come after the \VOrds 
"registration of designs" in sub-section ( 1 )(g). 
Amendment of Patents Law 
5. In the Patents Law 5727-196i'­
(l) In section 1-
(a) the follo\ving shall be inserted before the definition of "inspector'': 
·'·'World Trade Organization" -the \Vorld Trade Organization 
constituted by the agreement signed in Marrakech on 15 April 
1994".,•. , , 
(b) the follo\ving shall be inserted after the definition of "union State": 
""~ .. kmber state" -a state that is party to the Paris Treaty or a 
member of the World Trade Organization;''; 
(2) In section 3, the words .. in any technological field " shall be inserted afkr the 
words "a process''. and the \Vord ·'industrial" shall. replace the words ''industrial or 
agricultural''; 
6 Si!fi!r Hrn.:hukim 5727, p. l-lS. 
' These agreements are deposited in the ~lini:my of Industry and. Trade and any person may insp~t 
them. IP/N/1/ISR/1/3 
IP/N/1/ISR/C/9 
Page 6 
(J) In section lO(a), the words "in a member state (hereinafter: the "prior application") 
and the prior application is filed on behalf of the citizen or resident of such state" 
shall replace the words "in Israel or in any union State (hereinafter: the prior 
application")"; 
(4) ln section 50, the following shall replace sub-section (b): 
"(b) With regard to an invention which is a process for manufacturing a 
product, in a claim for infringement, the defendant must prove that the 
process in which use was made to manufacture an identical product was 
different from that protected by the patent; for the purposes of this 
sub-section, an identical product manufactured without the consent of the 
proprietor of the patent will be considered as a product manufactured using 
the process protected by the patent, unless proven otherwise, if the following 
two elements exist: 
I) the proprietor of the patent was unable to clarify, using reasonable 
means, which process was actually used in the manufacture of the 
identical product; 
2) there is a high level of reasonableness that the identical product 
was manufactured using the process protected by the patent."; 
( 5) In section 118( a), the words "in writing" shall be inserted after the words "notify 
him" · and the words "by way of manufacture or importing, and if so, the extent 
manufactured or imported and the place of manufacture" shall replace the words 
"by way of manufacture, and if so, the extent and place of manufacture"; 
(6) In section 119, paragraphs (3), (4) and (5) shall be deleted; 
(7) Section 120 is repealed; 
(8) In section 12 l -
(a) in sub-section (a), the words ·'and provided that the later invention 
contains an important technological advance of considerable economic 
value as compared with the previous invention" shall replace the end of the 
sub-section commencing with the words "provided that the later 
invention"; 
(b) in sub-section (b), the ,vords "the same purpose .. shall replace the words 
"the same industrial purpose"; 
(c) the following shall be inserted after sub-section (c): 
"(d) a license granted to the proprietor of a later invention under the 
pro"isions of sub-section (a) shall not be transferable unless the rights 
in the later invention are transferred together with the licese. "; 
(9) in section 122 -
(a) at the beginning of the section, the words "section 117" shall replace the 
words ''section 117 or 120"; IP/N/1/ISR/1/3 
IP/N/1/ISR/C/9 
Page 7 
(b) in paragraph (2), the words "or importing" shall be inserted after the 
words "by way of manufacture"; 
( c) in paragraph ( 4 ), the words "or importing" shall be inserted after the words 
"by way of manufacture"; 
(d) in paragraph (5), the words "or importing" shall be inserted after the 
words "by way of manufacture"; 
(10) the following shall replace section 123: 
"Restriction of scope of compulsory license 
123. a license under this Chapter shall be granted mainly to supply the local 
market."; 
( 11) in section 126 -
(a.) at the beginning of the sub-section, the words "having consideration of the 
legitimate interests.of the proprietor of the patent" shall be inserted after 
the words "in the circumstances of the case"; 
(b) in paragraph (2), the words "having consideration, inter alia, of the 
economic value of the license and of the patent -the" shall be inserted 
before the words "modes of determining"; 
(12) the following shall be inserted after section 126: 
"Transfer of compulsory license 
126A. A license awarded under this Chapter may not be transferred unless 
that part of the business or goodwill connected with use of the patent is 
transferred together with the license.''. 
Chapter ..i: Trade Marks 
Amendment to Trade i'vlarks Ordinance 
6. In the Trade Marks Ordinance [New Version], 5732-197z7 -
(1) in section 1 -
(a) the follO\"ving shall be inserted after the definition of"'trade mark": 
"Well-kno,\-11 trade mark" -a mark that is well kn0\\-11 in Israel as a 
mark 0\\-11ed by a person that is a citizen of a member state. a 
permanent resident of such state or who has an active 
1 Dinl!i Mi?Jinat Yisn1i?I, [New Version]. 26. 5i32, p. 511. IP/N/1/ISR/V3 
IP/N/1/ISR/C/9 
Page 8 
business or factory in such state, even if the mark is not a trade mark 
registered in Israel or if there are no users of the mark in Israel; for the 
purposes of determining whether a trade mark is a well-known trade 
mark in Israel, the extent to which the mark is known in public circles 
relating to it and the extent to which it is known as a result of 
marketing, shall be taken into account, inter alia. "; 
(b) the following shall be inserted at the end of the definition of 
"infringement": 
"(3) of a well known trade mark even if it is not a registered trade mark, or of a mark so similar to it as 
to be misleading in respect of goods for which the mark is well known or in respect of goods of the 
same description; 
( 4) of a well known trade mark which is registered, or a mark similar thereto, in respect of goods not of 
the same trade description, provided that such use could indicate a connection between such goods 
and the proprietor of the registered trade mark and the proprietor of the registered trade mark might 
be harmed as a result of such use; 
( c) the following shall be inserted at the end of section 1: 
""World Trade Organization'' -the World Trade Organization 
constituted by the agreement signed in Marrakech on 15 April 
1994. ·"· ' ) 
"''Member state'' -a state that is party to the Paris Treaty or a 
member of the World Trade Organization;"; 
""Geographical Indication" -means an indication that identifies in Israel goods as originating in a 
given geographical area of a member state, or a region or part thereof, where a given quality, 
characteristic or reputation connected with the good is essentially attributable to its geographical 
origin;"; 
(2) in section 11 -
(a) the following shall be inserted after paragraph (6): 
·'(6A) a mark containing a geographical indication in respect of goods 
originating in the geographical area indicated, if the geographical 
indication may be misleading as to the real geographical area in 
which the goods originated; 
( 6 B) a mark containing a geographical indication that is literally 
correct, however that contains a talse representation to the effect that 
the goods originated in a different geographical area;''; 
(b) the following shall be inserted after paragraph ( 11 ): 
• These agreements are deposited in the Ministry of Industry and Trade and any person may insp~t 
them. IP/N/1/ISR/1/3 
IP IN/ 1/ISR/C/9 
Page 9 
"( 12) a mark identifying wines or spirits that contains a geographical indication, if such wine or spirit 
did not originate in that geographical area; 
( 13) a mark identical to, or misleadingly similar with, a well known trade mark even if the mark is not 
registered in respect of goods for which the mark is well known or in respect of goods of the same 
description; 
( 14) a mark identical to or similar to a well-known trade mark being a 
registered trade mark, even in respect of goods not of the same class, 
if the mark sought to be registered might indicate a connection 
between the goods in respect of which the mark is sought and the 
registered proprietor of the trade mark, and the registered proprietor 
of the trade mark might be hanned as a result of using the mark 
sought."; 
(3) in section 16(a), the following shall replace paragraph (2): 
"(2) the mark is devoid of any distinctive character; a trade mark shall not be disqualified from 
registration if it is different from the trade mark registered in its country of origin in a manner that does 
not alter its distinctiveness, and does not adversely affect its identity in the form in which it has been 
registered in the said country of origin. 
(4) in section 24, the following shall be inserted afi:er sub-section (a): 
"(al) the following are causes for opposition to the registration of a mark: 
1) there is a reason for which the registrar may, under the provisions 
of this Ordinance, refuse the application for registration; 
2) the opponent, and not the applicant, is the owner of the mark."; 
(5) the following shall be inserted in section 39 after sub-section (a): 
"'(al) Notwithstanding the provisions of sub-section (a), an application for 
removal of a trade mark on the grollllds that the application for registration of 
the mark was filed in bad faith may be filed at any time."; 
(6) In section 41 -
(a) in Sl,lb-section (a), the words "during the three years" shall be inserted in 
place of the words "during the nvo years"; 
(b) the following shall be inserted after sub-section (e): 
"( f) in this section, "use'' of a trade mark shall include -
1) use of a registered trade mark by its proprietor or by an 
authorized person under section 50 in a manner that 
differs from that noted on the register in such a way as not 
to change the distinct character of the mark as it is 
registt:!red: IP/N/1/ISR/V3 
IP/N/1/ISR/C/9 
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2) use by an authorized person under section 50 on condition that such use is subject to the control of 
the proprietor of the mark."; 
(7) The following shall be inserted after section 46: 
"Exclusive use of a well-known trade mark 
46A. (a) The proprietor of a well known trade mark, even if it is not a registered trade mark, shall be 
entitli.:d to the exclusive use of the mark in respect of the goods for which the mark is well known in 
Israel or in respect of goods of the same description. 
(b) The proprietor of a well known trade mark that is a registered trade mark shall also be 
entitled to the exclusive use of that mark in respect of goods which are not of the same description if 
use of that mark by a person other than the proprietor would be likely to indicate a connection between 
the said goods and the registered proprietor of the mark, and the registered proprietor is likely to be 
damaged by such use. 
Protection of trade marks used in exhibitions 
46B. A mark that is not a registered trade mark shall be considered, for the 
purposes of goods shown at an official or officially recognized international 
exhibition held in Israel, as a registered mark for the duration of the term in 
whlch the exhibition is held."; 
(8) In section 4 7 -
(a) the words "place of' shall be deleted; 
(b) the words "or the geographlcal name of hls place of business'' shall be 
inserted after the words "hls business"; 
(9) In section 50( 1), the words "in thls Ordinance'' shall replace the words "in this 
section"; 
( l 0) The following shall be inserted after section 52: 
''Continued use of a trade mark 
52A. Notwithstanding the proYisions of this Ordinance, where an application for registration of a 
trademark is filed, or where a trade mark has been registered in good faith, or where rights to a trade 
mark have been acquired through use in good faith, neither the eligibility of the mark for registration, 
the validity of the registration, nor the right to use such trade mark, shall not be prejudiced for the sole 
reason that the trade mark is identical or similar to a geographical indication or to a wd\ known trade 
mark, provided that the application for registration of the· trade mark, the registration of the trade mark 
or the acquisition of rights through use as aforesaid were effected prior to -
I) in the case of a well known trade mark-the day on which the trade mark became a well 
known trade mark: 
:n in the ca:.:e 0L1. geogr;.\phical indication -I January ::WOO, or the date ~,n whkh the 
geographic.it indication became protecteq in the member state in which the geographi.:al 
urea indicated by the geographical indication is situated; (11) In section 55 -
(a) the marginal heading shall read "Priority"; IP/N/1/ISR/1/3 
IP/N/1/ISR/C/9 
Page 11 
(b) in sub-section (a), the words "in the member state" shall replace the words 
"in a union state"; 
(12) In section 57 -
(a) the words "or the proprietor of a well-known trade mark'' shall° be inserted 
after the words "proprietor of a registered trade mark" and at the end of the 
section the words "however, in the case of a well-known trade mark, it 
may entertain an action for infringement of a mark even it is not 
registered." shall be inserted; 
(b) sub-section (b) -repealed; 
(13) In section 59 -
(a) the provisions of this section shall be marked "(a)" and at the end of the 
section, the words "and shall be entitled to the remedies set forth in section 
5 9 A." shall be inserted; 
(b) the following shall be inserted after sub-section (a): 
"(b) for the purposes of an infringement relating to a well-known 
trade mark that is not a registered trade mark, the plaintiff shall be 
entitled to relief by way of injunction only."; 
(14) the following shall be inserted after section 59: 
"Additional remedies 
59A. (a) The court may order, at the end of hearing the claim, one of the 
following: 
I) the destruction of goods produced during the performance of the 
infringement or which served in performing the infringement (in 
this section -·'the goods''); 
2) where the plaintiff so requests, the transfer of O\vllership of the 
goods to the plaintiff, in consideration for payment of the value of 
them but for the infringement; 
3) on the doing of any other thing in respect of the goods. IP/N/1/ISR/I/3 
IP/N/1/ISR/C/9 
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However, the court shall not allow the defendant to possess the goods, even if 
the defendant has removed the infringing marks, except in extraordinary • cases; 
(b) A party that files an application for the destruction of goods under 
this section shall notify the Israel Police Force of such in the manner 
prescribed in the regulations, and the court shall not hear such an application 
without giving the Police an opportunity to make claims."; 
( 15) The following shall be inserted after section 69: 
"Grant of notice to Customs Director 
69A. (a) The proprietor of a registered trade mark whose rights have been 
infringed, or where there is a reasonable suspicion that they will be infringed, 
may give notice in writing to the Customs Director to the effect that he is the 
proprietor of the trade mark, and requesting the Director to delay releasing the 
goods that he claims are infringing goods and to treat them as goods the 
import of which is prohibited under the Customs Ordinance. 
(b) A notice under sub-section (a) shall include one of the following: 
( 1) An example of the original goods in respect of which the 
applicant has rights in the trade mark and in respect of 
which he gives notice of the importation of infringing 
goods; 
(2) A catalog or any other document that enables the Customs 
Director to compare original goods with the infringing 
goods. ·· 
(c) The proprietor ofa registered trade mark shall provide the Customs Director with the following 
information, to the extent that he has knowledge of it: 
( 1) The number of parcels to be received; 
(2) Sufficient notation of means of importation or the name 
of the ship bringing the infringing goods; 
(3) The date on which the infringing copies are meant to be 
received. 
(d) The proprietor of the trade mark must provide the Customs Direcror 
with primary e'vidence, and a personal guarantee, as prescribed by the 
Customs Director, in order to cover all expenses connected with detaining 
goods, or in order to compensate for any damage caused as a result of the 
detaining of goods, should it become apparent that the detention of the goods 
was unjustified, and to pay any fee prescribed for this purpose in the Customs 
Ordinance. 
(e) The provisions of this section shall not apply to infringing goods 
imported for personal use as defined in section 129 of the Customs 
Ordinance."; 
• (Translltor's Note: this footnote does not appear in the original). Chapter 5: Appellations of Origin 
Amemtment to AppeLtations of Origin (Protection) Law 
7. In the Appellations of Origin (Protection) Law 5725-1965 -IP/N/1/ISR/1/3 
IP/N/1/ISR/C/9 
Page 13 
( 1) In the title of the law, the words "and Geographical Indications" shall be inserted 
after the words "Appellations of Origin"; 
(2) In section 1, the following shall be inserted at the end of the section: 
""Geographical Indication" -means an indication that identifies in Israel goods as originating in a 
given geographical area of a member state, or a region or part thereof, where a given quality, 
characteristic or reputation connected with the good is essentially attributable to its geographical 
origin;"; 
""Member state" -a state that is a member of the World Trade Organization; 
""World Trade Organization" -the World Trade Organization constituted by 
the agreement signed in Marrakech on 15 April 1994."; 
'\ 
(3) The following shall be inserted after section 21: 
"Chapter 3.1: Geographical Indication 
Unlcrnjiil usl! of a geographical indication 
21 A. Use of a geographical indication in respect of a product the origin of 
\Vhich is other than the geographical region indicated therein is unla\Yful use 
of a geographical indication if the geographical indication might be 
misleading a.s to the true geographical origin of the product, and shall be 
considered an infringement of an appellation of origin right W1der s.:ctions 22 
and 23. IP/N/1/ISR/V3 
IP/N/1/ISR/C/9 
Page 14 
Unlcmful 11se of a geograplzical indication identifying a ll'ine or spirit beverage 
21 B. (a) Use of a geographical indication identifying wine or spirit beverages where the origin of 
the wine or spirit beverage is not from the geographical region indicated, constitutes an unlawful use 
of a geographical indication, and shall be deemed an infringement of an appellation of origin right 
under sections 22 and 23, even if the geographical indication is accompanied by expressions such as 
"sort", "type", "kind", ''imitation" or similar expressions or translations of them into a foreign 
language. 
(b) Notwithstanding the provisions of sub section (a), a person, who has continuously used 
the geographical indication of a member state for identifying a wine or spirit beverage, may continue 
to use such geographical indication in respect of wine or spirit beverages or in respect of any related 
product if one of the following conditions exits: 
1) it was used for a period of at least 10 years prior to 15 April 1994; 
2) the use of it was made in good faith and commenced prior to 15 April 1994. 
21 C. Despite the provisions of sections 2 lA and 2 lB, the following uses are 
lawful uses of a geographical indication: 
1) use, in respect of a product, of a geographical indication that is 
identical to a linguistic expression commonly used in Israel as the 
name for the product; 
2) use, in respect of a product, of a geographical indication that is not 
protected or that has ceased to be protected in the geographical 
region indicated therein, or that the use of it in such geographical 
region has ceased; 
3) use, in respect of a grape product, of a geographical indication that 
is identical to a commonly used expression of a species of grape, 
if the term for the species of grape was commonly used prior to 15 
April 1994; 
(4) (a) use. in respect of wine, ofhomonymous geographical indications that indicate various sep::i 
geographical regions which can be differentiated from each other; 
(b) In dealing with a claim made pursuant to sub paragraph(-+) the Court: when determining whe 
there is differentiation between the homonymous geographical indications the Court shall tak 
consideration. inter alia, the need to ensure equitable treatment as between the various produc 
involved and th<! need to ensure that consumers will not be misled; 
(c) for purposes of sub paragraph(-+), "homonymous" means indications which are identically sr 
or pronounced but differ in their meaning. 
(5) The following shall be inserted after section 22: 
··use ofnamt! in goodjaith IP/N/1/ISR/I/3 
IP/N/1/ISR/C/9 
Page 15 
22A. The lawful use of a geographical indication under this Law shall not prevent a person from using 
his own name or that of his predecessors in a business, provided that such use is in good faith and in 
such a way so as not to mislead the public."; 
(6) The following shall be inserted after section 33: 
"Chapter 5.1: Rights in Respect of Trade Marks 
Right to continued use of trade mark 
33A. Notwithstanding the provisions of this Law, where an application is 
filed for the registration of a trade mark as defined under the Trade Marks 
Ordinance [New Version] 5732-1972 (hereinafter: the "trade mark"), or a 
trade mark is registered in good faith, or rights are acquired in a trade mark by 
use thereof in good faith, the fitness of the mark for registration, the validity 
or registration and the right of use of the trade mark shall not be prejudiced 
solely because the trade mark is identical or similar to a geographical 
indication, provided that the application for registration of the trade mark, the 
registration or the acquisition of rights as aforesaid were effected prior to l 
January 2000, or prior to the date on which the geographical indication was 
awarded protection in the member state in which the geographical region 
indicated in the geographical indication is situated. 
Claim of protection before the Registrar and the Court 
338. In any proceedings before the Registrar or the Court in which a party raises a claim that he is the 
proprietor of a geographical indication. the opposing party may claim that the geographical indication 
is not a geographical indication."; 
Amendment ofi\,ferchandise J'vf arks Ordinance 
8. In the Merchandise Marks Ordinance 8, section 6.-\ is repealed. 
Amendment of Performers and Broadcasters Rights Lmv 
9. In the Performers and Broadcasters Rights Law 5744-19849 -
(1) In section 4D, the words "in sections 10, ll and 12" shall replace the words "in 
sections 11 and 12"~ 
(2) In section 10, the words "fifty years" shall replace the words "twenty five years'': 
(3) The following shall be inserted after section 10: 
s (Translator's Note: this footnote does not appear in the original). 
"(Translator's Note: this footnote does not appear in the original): IP/N/1/ISR/I/3 
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Page 16 
"The period of broadcasters' rights 
1 OA. The provisions of this Law shall not apply to a broadcast twenty five 
years after the year in which it was made." 
Chapter 7: Prohibited Imports and Exports 
10. 1n the Customs Ordinance, the following shall be inserted after section 200: 
"Detention of Infringing Goods 
200A. (a) Should the Director discover, via the receipt of notice as aforesaid in section 
70 of the Copyright Ordinance, or in section 69A of the Trade Marks Ordinance 
[New Version] 5732-1972 (hereinafter: the "Trade Marks Ordinance"), or in any other 
manner, that a prima facie infringement of copyright or of a right in a trade mark has 
been committed, he stall take the following steps: 
( 1) order the detention of the copies or goods, claimed to be infringing 
(hereinafter: the "infringing goods'') for 3 working days; 
the Director may extend the said detention for a further period of no more 
than 3 days; 
(2) notify whomever he believes to be the apparent owner of the infringing 
goods, in writing, of the delay in their being released together with a copy 
of any notice given, and a copy of the personal guarantee; 
(3) notify the proprietor of the copyright or trade mark (hereinafter: the 
"proprietor'') that the infringing goods have been detained and fix the sum 
of a bank guarantee that the proprietor is to deposit under sub-section (c), 
in addition to the personal guarantee pursuant to section 7D of the 
Copyright Ordinance or section 69A of the Trade Marks Ordinance, when 
the notice is given; 
(4) Notify the proprietor of the delay in releasing the infringing goods and 
that the detention shall be cancelled at the end of 3 working days from the 
date of the detention., if the required guarantee or guarantees are not 
deposited and after 10 working days from the date of delivery of the notice 
of the detention if no claim is filed in court. 
(b) The Director may, for special reasons which he \vill note, extend the period for 
filing the claim referred to in sub-section (a)(4) for a further 10 days 
(c) Within 3 working days of the date of the detention., the proprietor shall lodge a 
bank gu·arantee with the Director in the swn fixed by the Director under 
sub-section (a)(3), ,vhich ,,,ill cover all expenses related to the detention or which 
will compensate for all damage that may be caused by the detention. 
(d) Upon depositing the bank guarantee under sub-section (c). the Director shall 
deliver, at the proprietor·s request, examples of the detained infiinging goods as 
aforesaid for the purpose of their examination, as well as the name and address of IP/N/1/ISR/1/3 
IP IN/ 1/ISR/C/9 
Page 17 
the importer of the infringing goods; the expenses of the examination., including 
expenses of the delivery of the examples to the place of the examination shall be 
borne by the proprietor. 
(e) The Director shall cancel the detention of the infringing goods if, by the end of the 
periods set out in sub-sections (a) through (c), the proprietor did not act in 
accordance with such sub-sections. 
(f) The Minister of Finance may make regulations for the performance of this section 
and may set the fees to be paid by an applicant. 
Release of guarantees 
2008. The Director shall refund the guarantee or guarantees to the person who 
deposited them as set out below, in accordance with the following circumstances: 
( l) If he rejects a detention application as set out in Section 200A(a) -at the 
end of 3 months from the date of rejection if no legal claim is filed by the 
importer for damages· caused to it as a result of the detention prior to the 
end of such period as aforesaid; 
(2) If the release of infringing goods is delayed as aforesaid in Section 200A, 
and the detention is cancelled -at the end of 3 months from the date of 
release of the infringing goods, if no legal claim is filed by the importer 
for damage caused to it as a result of the detention, prior to the end of such 
period as aforesaid; 
(3) If the claim referred to in Section 200A(a)(4) is rejected by the court in a 
final judgment, and the importer or any person representing it confirms in 
writing that it has and shall have no claim or suit in any way connected 
with the detention of the infringing goods, or with the damage caused as a 
result of such, at the end of the three months from the date of rejection of 
the claim; 
(4) By order of the court. 
Prohibited import and export 
200C. Infringing goods imported into Israel shall be treated as goods the import and 
export of which is prohibited under this Ordinance. 
Personal import 
200D. Sections 200A through 200C shall not apply to infringing goods imported for 
personal use as defined in Section 129. 
Reservation of powas 
200E. The provisions of Sections 200A through 200D are in addition to the Director's 
authority under any other law." 
Chapter 8: Commencement, Application and Transitionul Pro..-isions IP/N/1/I-SRJI/3 
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Commencement 
l l. This law shall come into force on 23 Tevet 5760 (! January 2000) (hereinafter: the "date 
of commencement"). 
Application and transitional provisions 
12. (a) The provisions of section 3Fl of the Copyright Ordinance as set out in section 
2(3) of this Law shall not apply to the hiring of computer software acquired prior to the 
date of commencement. 
(b) The provisions of the Patents Law 5727-1967- as set out prior to the date of 
commencement shall apply to a compulsion license granted prior to the date of 
commencement. 
(c) Where a person files an application for registration prior to the date of 
commencement and no decision has yet been made on the application on the date of 
commencement, such person may, within three months of the date of conunencement, apply 
to amend the application so that it complies with the provisions of the law applying to it under 
the terms of this Law; 
In this section, an "application for registration" -an application to register a 
design under the Patents and Designs Ordinance, an application to register a Patent under the 
Patents Law 5725-1965, and an application to register a trade ·mark under the Trade Marks 
Ordinance [New Version] 5732-1972.