Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
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Results: 4 Answers
Patents
10.
Licensing
10.1
What patent rights can a party obtain through a licence?
 
Israel
An exclusive licence affords the licensee the exclusive right to prevent others, including the patent holder itself, from exploiting the patented invention in Israel. A non-exclusive licence affords the licensee the right to exploit the patented invention according to the terms and conditions set out in the licence. An exclusive licensee can sometimes enjoin remarketing of products sold by the patent holder.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
10.2
What limits can a patent owner impose on a licence?
 
Israel
In terms of contract law, a patent holder can include in a licence agreement any kind of limitation which is in accordance with the law. The limitations that a patent holder cannot include in a licence agreement derive from competition law. In CA 427/86 Blas v Kibbutz ‘Dan’ 43(3) PD 323 [1989] the court ruled that it is unenforceable and against public policy to demand royalties beyond the expiry of a patent.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group