Contributed By Gilat, Bareket & Co., Reinhold Cohn Group
Direct infringement is expressly defined in the Patents Act as the right of the patentee to prevent any other person from exploiting the invention, either as defined by the claims or in a similar manner that involves the essence of the invention.
Israeli courts also recognise infringement by joint tortfeasors (such as aiding or inducing infringement) who are then jointly and severally liable. Liability as joint tortfeasors is based on the provisions of the general Torts Ordinance concerning joint tortfeasors.
Furthermore, the courts have recognised a court-made doctrine of contributory infringement. Contributory liability does not require a showing of concerted action between the direct infringer and the contributory infringer. The concept of contributory infringement has been applied under the following accumulated conditions:
In instances of liability, it has not been definitively ruled whether a specific instance of a direct infringement must be shown, and it remains an open issue whether the direct infringer must be joined in proceedings.
Remedies for indirect infringement are the same as for direct infringement.