LEGAL UPDATES


  • Israel Life Sciences Commercialization and Life Sciences Regulation Q&As by Liad Whatstein & Co.

    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…

  • ILTMO Update: Bad Faith Use Of A Mark Can Lead To Its Revocation

    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…

  • ILPTO Update: Another IL PTE Revoked For Late Reporting Of Foreign PTE/SPCs

    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…

  • ILPTO Update: Patent Oppositions No Longer Automatically Stayed

    ILPTO Update: Patent Oppositions No Longer Automatically Stayed

    According to a series of recent ILPTO decisions, the ILPTO will no longer stay opposition proceedings against the parent application pending the examination of its divisional applications, if the stay is likely to significantly delay the opposition to the parent. Israel is a pre-grant opposition country. The stay of opposition proceedings pending the examination of…

  • ILPTO update: Intent to deceive is a prerequisite for finding of Fraud on the PTO

    ILPTO update: Intent to deceive is a prerequisite for finding of Fraud on the PTO

    In a recent decision the ILPTO reiterated that subjective intent to deceive is a prerequisite for imposing sanctions on patentees who violated the strict disclosure obligations under the Patents Act. A mistake in good faith by the inventor or the agent prosecuting the application does not amount to Fraud on the PTO and will not…

  • ILPTO Update: Second medical use SPCs are irrelevant in determining the term of IL PTEs

    ILPTO Update: Second medical use SPCs are irrelevant in determining the term of IL PTEs

    In a recent judgment, the IL Supreme Court clarified that supplementary protection certificates (SPCs) granted in the EU5 countries, which are not based on the first marketing authorization for an active ingredient, should not be considered in determining the term of IL PTE orders. Boehringer Ingelheim filed a petition for PTE in Israel with respect…

  • IL TM Update: Parallel Imports Not Permitted in Cases of Split TM Ownership

    IL TM Update: Parallel Imports Not Permitted in Cases of Split TM Ownership

    In a recent precedential judgment (CA 7934/20 Jafora v. Ben Shlush), the Israel Supreme Court held that in cases of split ownership of the same trademark in Israel and another country, trademark rights are not exhausted and parallel imports are not permitted. Jafora, Israel’s second largest manufacturer of soft drinks, is the registered owner of…

  • ILPTO Update: Impact of cancellation of first product registration on validity of the IL PTE 

    ILPTO Update: Impact of cancellation of first product registration on validity of the IL PTE 

    According to a recent controversial District Court judgment (Wyeth v. The Manufacturers’ Association of Israel), even when switching to a new generation product comprising the active ingredient, it is still necessary to maintain in force the original product registration on which the IL PTE was based (the first registration permitting the use of the active…

  • ILPTO Update: Non-Extendable IL PTE Deadlines

    ILPTO Update: Non-Extendable IL PTE Deadlines

    The ILPTO recently reconfirmed that missing the 90-day deadline for reporting the grant of a US PTE, which fulfils the ‘Two-State Requirement’, results in loss of PTE eligibility. The IL PTE system is based on the ‘Two-State Requirement’ linking eligibility of IL PTE to the grant of PTE/SPC in the US and in at least…

  • ILPTO Update: ILPTO Recognizes Strawman Oppositions

    ILPTO Update: ILPTO Recognizes Strawman Oppositions

    In a precedential decision, the ILPTO recently recognized for the first time the admissibility of strawman oppositions. Under Israeli law, any person can oppose a patent application prior to its grant. There are no limitations on the standing to oppose and the opponent does not need to establish any particular interest in the proceedings. Strawman…

Tags:
Patents (15) PTE (7) Trademarks (6) Q&A (3) Parallel Importation (3) Proteins (3) Fraud on the PTO (2) Salts (1) Copyright (1) Life Sciences Regulation (1) Biosimilars (1)
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