Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Patents
9.
Remedies
9.1
Are injunctions available?
 
Israel
Yes, both permanent and interlocutory injunctions are available.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
9.2
What is the standard to obtain an injunction?
 
Israel
Interlocutory injunctions derive from equity law. Therefore, to obtain an interlocutory injunction, the plaintiff must show:

  • a good prima facie case on the merits;
  • that the balance of convenience is in its favour (ie, that if an interlocutory injunction is not granted, the damage that it may suffer is greater than that which might be caused to the defendant); and
  • that the motion for an interlocutory injunction was made diligently and in good faith.

There is a statutory right to obtain a permanent injunction. Accordingly, apart from in exceptional cases, it will be granted in patent infringement litigation as a main remedy.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
9.3
Are damages available?
 
Israel
Yes.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
9.4
What types of damages are available?
 
Israel
  • Actual damages, such as the plaintiff’s lost profits or profits earned by the defendant;
  • Compensation, which is granted at the court’s discretion. When calculating the amount of compensation, the court will consider the earnings from the infringement, the scope and duration of the infringement and so on; and
  • Punitive damages, which may be granted in case of wilful infringement (see question 6.4).
For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
9.5
What is the standard to obtain certain types of injunctions?
 
Israel
See question 9.2.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
9.6
Is it possible to increase or multiply damages due to a party’s actions?
 
Israel
Yes. See question 6.4.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
9.7
Are sanctions available?
 
Israel
No.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
9.8
What kinds of sanctions are available?
 
Israel
There are no sanctions available under Israeli law.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
9.9
Can a party obtain attorneys’ fees?
 
Israel
Yes, albeit not on the basis of full indemnification.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
9.10
What is the standard to obtain attorneys’ fees?
 
Israel
The principal rule with respect to attorneys’ fees is that the loser pays. The basis for the calculation is the actual costs incurred, but the courts apply scrutiny in this regard and the amount of attorneys’ fees eventually granted by the court is usually lower than the actual fees incurred.

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