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Intellectual Property Law and Practice in Israel$
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Eran Liss and Dan Adin

Print publication date: 2012

Print ISBN-13: 9780199917419

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199917419.001.0001

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Designs

Designs

Chapter:
(p.139) Chapter 3 Designs
Source:
Intellectual Property Law and Practice in Israel
Author(s):

Eran Liss

Dan Adin

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199917419.003.0003

This chapter focuses on the role of industrial design within the entire spectrum of intellectual property laws in Israel. It first considers the main prerequisites that require analysis of industrial designs, namely: novelty and non-functionality. In particular, it examines what constitutes prior “publication” that bars novelty and what level of difference from the prior art is required to meet the novelty requirement. It then turns to the non-functionality requirement, with particular reference to registration procedure, the registration process, the so-called supplementary designs, and cancellation of a registered design. It also discusses what constitutes infringement of a registered design, defenses against infringement claims, remedies in infringement proceedings, and the principle of parallel importation.

Keywords:   industrial design, intellectual property laws, Israel, novelty, non-functionality, prior publication, registration, supplementary designs, infringement, parallel importation

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