24
IP enforcement in Israel Belgrade 06.09.2011

Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

IP enforcement in Israel

Belgrade 06.09.2011

Page 2: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

IP Enforcement

∗Civil enforcement tools

∗Criminal enforcement

∗Border enforcement

Page 3: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

Civil enforcement – main causes

∗ Patents

∗ Trademarks

∗ Industrial design

∗ Copyright & related rights

∗ geographical indications

∗ Unjust enrichment

∗ Commercial torts

∗ Trade secrets

Page 4: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

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

Page 5: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

Final remedies–Civil enforcement

∗Compensations (Incl. without proof of damages)

∗ Injunctions

∗Costs – legal, storage, destruction

∗Confiscation

∗Destruction infringing goods

Page 6: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

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

Page 7: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

Seizures by customs

Page 8: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

)2010Deviation of goods seized (

Toys &

watches

27%

Shoes &

clothing

35%

Bags

7%

Media

21%

Other

10%

Page 9: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

Destruction

∗Destruction costs laid on the infringing importer

∗Destruction coordinated with the ministry for invironmental protection

Page 10: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

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.

Page 11: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

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

Page 12: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

Enforcement Forum

Prosecution

State Attorney’s office

Police

Customs

Tax authority

Ministry of health

Ministry of justice - Legislation

Page 13: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

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

Page 14: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

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.

Page 15: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction
Page 16: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

REGIONAL TEAMS

OFFICER OFFICER OFFICEROFFICER

SOUTH

}4{

TEL-AVIV

}5{

CENTER

}5{

NORTH

}5{

NATIONAL

UNIT

FOR FINANCIAL

ENFORCEMENT

HEAD OF THE

INTELLECUAL PROPERTY UNIT

INVESTIGATION

OFFICER

INTELLIGENCE

OFFICER

INVESTIGATORS

}5 DETECTIVES

}3{

EVALUATION

TEAM

}2{

Page 17: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

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

Page 18: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

UNIT ACTIVITIES

Main infringemnets:

Alcohol laboratories

Media studios

Sewing workshops

Counterfeit pills

Imported goods

Page 19: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

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.

Page 20: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

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.

Page 21: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

Media

Page 22: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

Alcohol

Page 23: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction
Page 24: Enforcement report Israel · Civil enforcement –preliminary orders ∗Ex-parte foreclosure warrant ∗Injunctions against action in assets ... Media 21% Other 10%. Destruction ∗Destruction

Pharma