Israel Views Controversial Patent Law Reforms

15 January 1996

Senior Israeli policymakers have been discussing the implications of proposals to revise the country's patent law. The proposals come from the Gabai Committee, which was set up in April 1995 following changes to US drug patent laws and as a result of pressure from drug firms, particularly Teva, on the Minister of Justice, David Libai, and the Industry and Commerce Minister.

Prof Libai asked a retired judge to give his opinion on the Committee's recommendations. It is understood that he approved them, and offered not only legal opinion but also considered their implications for the economy and industry. Because of their economic implications, US ambassador to Israel martin Indyk requested that the Embassy's opinion be passed to the judge. Some observers believe the proposals are risky, while others feel they would allow smaller companies to survive.

The change to US law enabled generic firms to start development work and preparation for registration before expiry, and also allowed the patent holder to extend the effective patent life. Israel's current law forbids any working of a valid patent, nor does it allow extension of the period over 20 years. The proposals would allow the patent to be worked prior to expiry.

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