Contributed By Gilat, Bareket & Co., Reinhold Cohn Group
Representation before courts and the Registrar is not mandatory. Nevertheless, it is highly recommended. Representation is made solely by lawyers licensed by the Israeli Bar Association. In addition, patent attorneys may, by leave of court, argue in court on non-legal matters related to an invention or a patent, provided that the party’s lawyer is present. In proceedings before the Registrar of Patents, the party may be represented by a licensed patent attorney.
Following a recent amendment to Bar Association law, foreign lawyers may represent clients in Israel in a limited capacity, namely by counselling on the laws of the jurisdiction in which the foreign lawyer is certified and drafting documents to which the law of the foreign jurisdiction applies. Accordingly, foreign lawyers are not permitted to represent or counsel clients regarding patent infringement litigation in Israel.
Foreign lawyers licensed to represent a party or interrogate witnesses on behalf of a party in a foreign jurisdiction may actively take part in proceedings before an Israeli court for the taking of evidence, pursuant to a foreign state’s letter of request in accordance with the Mutual Legal Assistance Between Countries Law 1998.