IP enforcement in Israel

Belgrade 06.09.2011

IP Enforcement

∗Civil enforcement tools

∗Criminal enforcement

∗Border enforcement

Civil enforcement – main causes

∗ Patents

∗ Trademarks

∗ Industrial design

∗ Copyright & related rights

∗ geographical indications

∗ Unjust enrichment

∗ Commercial torts

∗ Trade secrets

preliminary orders–Civil enforcement

∗ Ex-parte foreclosure warrant

∗ Injunctions against action in assets

∗ Restraining orders

∗ Anton Pillar order, Search and seizure

∗ Receivership

∗ Disclosure of IP address (pending legislation)

∗ Account of profits

Final remedies–Civil enforcement

∗Compensations (Incl. without proof of damages)

∗ Injunctions

∗Costs – legal, storage, destruction

∗Confiscation

∗Destruction infringing goods

Border Control

∗ Initiative – Customs \ Police intelligence, random, right owners complaint

∗ Procedure - TRIPS

∗ A digital image of the suspected goods is transmitted to the right owner

∗ Maximum assurance cost - aprrox. 2000 € for unlimited importation detention per year. (assurance of 60,000€)

∗ No other tolls

Seizures by customs

)2010Deviation of goods seized (

Toys &

watches

27%

Shoes &

clothing

35%

Bags

7%

Media

21%

Other

10%

Destruction

∗Destruction costs laid on the infringing importer

∗Destruction coordinated with the ministry for invironmental protection

Criminal enforcement

∗ Importation, manufacturing, selling, renting, distributing and possession for commercial purposes.

∗ Copyright – up to 5 years imprisonment. 400,000€ fine.

∗ Trademark – up to 3 years imprisonment, 400,000€ fine.

Strategy-Criminal enforcement

∗ Comprehensive coordinated enforcement:

∗ Tax evasion

∗ Civil tax Sanctions and foreclosures

∗ Money laundering criminal sanctions – 10 years imprisonment

∗ Forfeiture based on IP and ML felonies.

∗ Penal code – fraud, theft, reckless endangerment

Enforcement Forum

Prosecution

State Attorney’s office

Police

Customs

Tax authority

Ministry of health

Ministry of justice - Legislation

Objectives-Enforcement forum

∗ Framework for:

∗ Joint intelligence

∗ Collaborated investigations – border / inland

∗ Comprehensive indictments – economic and criminal aspects

∗ Upholding a legal data base

∗ legal advice and legislative solutions to obstacles

results-Criminal enforcement

∗ Increased liability regarding infringed pharmaceuticals.

∗ Pre-trial detention decisions.

∗ Severe verdicts – 4 years imprisonment for repeated trademark infringements regarding liquor.1.5 years for a first infringement aiding the distribution of counterfeit Viagra, and foreclosures of assets worth hundreds of thousands of Euros.

REGIONAL TEAMS

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IP unit – branch of national unit for financial enforcement

Resources:

∗ signal intelligence – wire taps

∗ field operatives

∗ internet \ computer crime unit

∗ money laundering officers – accounting training

UNIT ACTIVITIES

Main infringemnets:

Alcohol laboratories

Media studios

Sewing workshops

Counterfeit pills

Imported goods

The units basic actions

•Deal with severe infringemnents and arrest of IP

criminal tendencies

•Action against distributors, manufacturers and importers

with emphasize on money laundering and financial

aspects.

•Creating an independent intelligence team focused on IP

infringement.

•Cooperation with authorities (customs, income tax)

•Informing the public of enforcement, to improve

deterrance.

Challenges

• Lack of enforcement within the Palestinian authorities.

•Lack of civil prosecution from the right holders.

• Lack of cooperation with the right holders in small

(mixed) seizures

• Difficulty in dealing with internet crimes.

Media

Alcohol

Pharma