Reopening abandoned design files in Israel

The most recent design patents newsletter of Israeli IP firm Shilon Zuckerstein & Co mentions a 29 June 2010 decision of administrative Israeli Patent Authority (IPA) judge Yaara Shoshani, which states that the IPA is continuing to refuse to reopen abandoned design applications. This is apparently the latest of a number of rulings which the IPA has declined to reopen abandoned design applications and registrations on the basis that to do so would cause damage to third parties who have acted in reliance on the abandonment. This note does not clarify the precise basis upon which a design patent applicant or registrant might expect an abandoned application or registration to be opened and it rather looks as though the resuscitation of closed files might be available at the IPA's discretion. Does anyone have information about this?

Source: "Israeli Patent Authority continues to refuse opening of abandoned design applications", here

Designs in Israel

Class 99ers with an interest in Israeli design law should take a regular look at The IP Factor, Dr Michael Factor's excellent blog, which covers several recent design decisions.
We are fascinated to learn that "Israel’s archaic design law is covered by the Patent and Design Ordinance that was last amended in 1937, and the Design Regulations of 1925." Those old UK-based design laws have proved difficult enough in the UK, and we heartily agree with Michael that Israel would do well to modernise them. On the other hand, it sounds as if you can do great things with unjustified enrichment there, at least at the interlocutory stage. Apparently, protection of Aluminium (or should it be "Aluminum"?) roof extrusions is as popular there as in the endless UK Ultraframe design litigation, and the issue of design disclosure on the Internet is as hot there as it currently is at OHIM in the CROCS appeal. Maybe there is more fun to be had with old design laws after all.