LEGAL UPDATES
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IL Patent Update: Sanctions for misleading representations can target Patentee’s profits
The Supreme Court of Israel held by a majority opinion of an expanded panel that a patentee who willfully provided misleading information to the ILPTO or concealed pertinent information may be liable for restitution of profits derived from delayed generic entry. The judgment results from complex litigation which started more than fifteen years ago and…
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The 2023 Legal 500 Israel Patent Litigation Comparative Guide by Liad Whatstein & Co.
Our firm recently published on the Legal 500 platform an updated Israel chapter for 2023 in the Legal 500 Patent Litigation Comparative Guide. The guide can be consulted on Legal 500’s website, or directly on our website.
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The 2024 International Comparative Legal Guide for Copyright in Israel by Liad Whatstein & Co.
Our firm recently published the Israel chapter of the 2024 International Comparative Legal Guide for Copyright. The guide can be consulted on the ICLG website, or directly on our website.
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IL TM Update: Court holds that smell-a-likes are not infringing
In a recent judgment, the Tel Aviv District Court held that the marketing of smell alike perfumes does not amount to trademark infringement and does not violate other goodwill-related causes of action. The defendant’s products were marketed under the defendant’s name “Oil de L’amor” below which appeared the word “compatible” in small font and then…
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IL Biosimilar Update: New MOH Guidelines Facilitate Registration of Biosimilars
The updated Biosimilar Registration Guidelines of the Israeli Ministry of Health (“Procedure 127”) will enter into force on July 15th, 2023. The updated Guidelines are intended to facilitate registration of biosimilar products and the switching to biosimilar products from the reference product. According to the updated Guidelines, a biosimilar product submitted for approval in Israel…
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ILPTO update: PTE Eligibility of Proteins
In a recent decision, the ILPTO Deputy Chief Examiner held that different glycosylation is insufficient to confer PTE eligibility if a protein with the same amino acid sequence was previously approved. The decision is inconsistent with previous ILPTO case law and we expect further clarification of the ILPTO position in the coming months. The ILPTO…
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IL TM Update: New Legislation To Encourage Parallel Importation
As part of government policy to encourage parallel importation, Amendment 23 of the Economic Competition Act, 2023 was enacted for the purpose of limiting activities by authorized importers to prevent parallel importation. Despite this recent legislative initiative, some exceptions to parallel trade still remain. One of the key provisions of the new legislation bans the…
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Israel Life Sciences Commercialization and Life Sciences Regulation Q&As by Liad Whatstein & Co.
Our firm recently published on the Thomson Reuters Practical Law platform two new Q&A guides for the Israeli judicial landscape regarding Life Sciences Regulation and Commercialization. The guides can be consulted on Thomson Reuters Practical Law:• Life Sciences Regulation in Israel: Overview• Life Sciences Commercialisation in Israel: Overview Or directly on our website:• Life Sciences…
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ILTMO Update: Bad Faith Use Of A Mark Can Lead To Its Revocation
In a recent precedential decision, the ILTMO held that bad faith use of a trademark registration can lead to its revocation. The decision involved a petition to revoke a trademark registration for a stylized logo design of the mark BMX for bicycles. When the trademark application was examined, the trademark owner conceded that BMX per…
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ILPTO Update: Another IL PTE Revoked For Late Reporting Of Foreign PTE/SPCs
In a recent decision, the ILPTO reiterated that late reporting of the grant of PTE/SPCs in the Recognized Countries (US and the EU-5 Countries) may result in loss of PTE eligibility and revoked Amgen’s PTE for OTELZA. In accordance with the ‘Two-State Requirement’, when marketing authorizations for a new medical preparation have been granted in…