A reading of the relevant provisions of the law shows that they are sharp and clear, at least at first glance.
- As you may recall, Article 64J The law refers to cases in which "An extension order or notice of intention to grant an extension order will expire... ". The section lists a series of cases, but also refers to the ordinary case in which the period of protection will simply end. And as the first of the four cases regulated there states, the extension will end "On the day of the end of the period as stated in section 64i, subject to the provisions of section 64j". In this case, the extension order ends its days on a good old age, in accordance with the period in which it is determined that it will proceed.
However, in many cases, the extension order issued here in Israel will not exhaust its days and will come to an earlier term. As stated, the legislature also referred us to section 64J, for the sake of convenience Aagain andagain referred to its provisions:
64J. Limitation of the Period
Notwithstanding the provisions of Section 64T -
(1)...
...
(3) An extension order or notice of an intention to grant an extension order under section 64E(c) or (e)(3) shall expire no later than the first date on which, in one of the recognized countries in which a marketing permit was granted, an order to extend a reference patent has expired or any reference patent has been revoked; In this regard, "expiration" - including following the shortening, cancellation or deletion of an order to extend a reference patent or cancel a reference patent, and with the exception of the replacement of a temporary order with an order that is not a temporary order [emphases added].
It is possible to get the impression that the legislature's words are direct. The language is sharp and clear. It was held that the validity of the extension order will expire in the event that the extension order expires in one of the recognized countries. And the expiration can be the result of shortening or cancellation of the extension order there. The result is therefore categorical. In the event of the cancellation of the extension order abroad, the extension order will expire in Israel.
- And what about us? In our case, it is possible The extension order After Two stages. Initially, an announcement was published by virtue of Section 64E(e)(1). Subsequently, a statement was published by virtue of Section 64E(e)(3), and then the extension order is issued.
At first glance, it is clear that the provisions of the legislature relate directly to this case. We are not sheltering under the wings of one notice or another. We are sheltering under the wings of an order that has been granted. As it is determined in section 64J(3), the validity of the extension order in Israel "shall expire no later than the first date on which, in one of the recognized countries in which a marketing permit was granted, an order for the extension of a reference patent has expired or any reference patent has been revoked." And this is exactly what happened to the appellant. After the extension order was granted in our place, the European reference patent - patent 535 was revoked; and as a result, the extension orders issued by virtue of it in the central European countries. Therefore, it is prima facie necessary that the extension order given here expires. The legislature made a direct connection between the expiration of the extension order here and the expiration of the reference patent or an extension order there. It also explicitly stated that expiration also includes a case of cancellation or shortening.
- However, the appellant argues that what is simple and clear at first glance is not simple and is not clear at second glance.
Why?