Geographical Indications Law in Israel
Certainly! Here’s a detailed overview of Geographical Indications (GI) Law in Israel:
Geographical Indications Law in Israel – Overview
What is a Geographical Indication (GI)?
A Geographical Indication (GI) in Israel identifies a product as originating from a specific region or locality where the product’s quality, reputation, or other characteristics are essentially attributable to its geographic origin.
Legal Framework Governing GIs in Israel
Israel protects GIs under its Trademark Ordinance (New Version), 1972, as amended, which includes specific provisions for GIs, alongside compliance with international agreements.
Key Legislation and Administration
| Feature | Details |
|---|---|
| Primary Law | Trademark Ordinance (New Version), 1972, Section 37A |
| Administered by | Israel Patent Office (ILPO), under the Ministry of Justice |
| International Treaties | Israel is a member of WTO and complies with the TRIPS Agreement |
| Additional Laws | Consumer Protection Laws complement GI protections against misuse |
Protection of Geographical Indications in Israel
Registration: GIs can be registered with the Israel Patent Office.
Rights Conferred: Exclusive right to use the GI in connection with the designated goods.
Duration: Protection lasts indefinitely as long as the GI continues to be used and meets legal conditions.
Grounds for Refusal: Applications may be refused if the GI is generic, misleading, or if there is a conflict with prior rights.
Opposition: There is a provision for opposition by third parties once an application is published.
Types of GIs Protected
Israel recognizes protection for GIs primarily relating to agricultural products, foodstuffs, and wines and spirits.
The law distinguishes between Geographical Indications and Appellations of Origin, with slightly different scopes of protection (similar to international practice).
Enforcement and Remedies
Unauthorized use of a registered GI is prohibited and may lead to:
Civil actions for injunctions and damages.
Criminal penalties including fines and imprisonment.
Enforcement is supported by consumer protection authorities to prevent misleading claims.
International Commitments
Israel complies with the TRIPS Agreement obligations regarding GIs.
Israel is not a member of the Lisbon Agreement or the Geneva Act of the Lisbon Agreement.
Israel has bilateral agreements with certain countries that may include GI provisions.
Practical Example
Israeli agricultural products like Jaffa oranges and regional wines are typical examples where GI protection is relevant.
Summary
| Aspect | Details |
|---|---|
| Legal basis | Trademark Ordinance, Section 37A (Geographical Indications) |
| Administered by | Israel Patent Office |
| Types of protection | Agricultural products, foodstuffs, wines, and spirits |
| Registration | Required for protection |
| Duration | Indefinite, subject to continued use |
| International law | TRIPS compliant; bilateral agreements possible |
| Enforcement | Civil and criminal penalties for misuse |
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