COMMERCIAL LAW

Executive LLM in Commercial Law

Presented to: Dr. Amir Khoury.

Presented from: Yara Karram

ID Number:302155924

Date of Submission: 3.6.2013

Introduction4

All Marks are not Registerable5

Geographical Borders7

Cancellation of a Registered Trademark8

Intellectual Property and Globalization9

Do IP Rights confer monopoly? And what about Intellectual property and competition law?10

The idea behind IP Rights and the borderline between Copyrights and Trademarks11

The appropriate scope of protection for Three Dimensional Trademarks for the Shape of Goods13

Conclusion16

Executive Summary

The seminar concerns with Intellectual Property Rights. The purpose of this seminar is to provide the audience with overview of intellectual property enforcement and legislation in Israel. The seminar highlights proposed and existing intellectual property legislation with specific focus on some related cases. It starts with a short introduction explaining the main idea behind the existence of those rights and continues explaining the main rules under Israeli Law. In Israel intellectual property rights are protected through system of common law and statutory law covering registered and unregistered trademarks, appellations of origin, and copyright performers. This essay, tentatively draw concrete conclusions as to the present state of the EU, U.S. and Israeli doctrine with respect to the protection of three-dimensional trademarks, based on an analysis of the landmark case law in this field, towards the end I discussed some concluding remarks and reflections on issues that remain open. The final discussion brings us to the conclusion which states that it is still hard to register 3-dimensional Trademarks in Israel. However, there are some exceptions and now it has become easier as compared to past few years.

Executive LLM in Commercial Law

Introduction

Intellectual property is a legal concept, in dictionary, Intellectual property can be defined as an invention or a work that is outcome of creativity, such as a design, or a manuscript, to which one has rights and for which an individual may apply for a trademark, copyright, patent etc. We can also describe intellectual property as imagination made into something real. Owning intellectual property means owning an idea, dream, an emotion which can be experienced through hearing, touch, sight and how we emotionally react to it. The work of others was misused therefore authorities established the law of intellectual property. The law of intellectual property is a set of legal rules to protect the creations of intellectual works. Trademark Ordinance (new version) 1972 governs the trademark law of Israeli. The trademarks ordinance only applies to the territory of Israel including Golan Hieghts and East Jerusalem. It doesn't apply to the territories of Palestinian Authority which includes Gaza and the West Bank. In Israeli, trademarks are registered. The Israeli patents authority maintains the register. Israeli patents authority is a government agency which deals in the registration of designs, patents, application of origin, and trademarks. The Register of Patents, Design, and Trademarks heads the Patent Authority.

All Marks are not Registerable

Registerable marks are those marks that indicate a source which are distinctive such as graphics, letters, and numbers (specifically in two or three dimension which is the main topic of this paper), product shape, smells, and ...