Unjust enrichment: a knotty problem


Nahum Gabrieli

In 2011, the Supreme Court rendered an important decision on the subject of the relationship between the Law of Patents and the Law of Unjust Enrichment.

Patents and unjust enrichment

Merck & Co sued Teva Pharmaceutical Industries in the Tel Aviv District Court, alleging that the defendant exploits its Fosalan medicine for the treatment of osteoporosis, which is subject matter of an Israeli pending patent application. The suit alleges that Teva is manufacturing and distributing medicine which constitutes an absolute imitation of Fosalan.

The application was examined, accepted by the Israeli Patent Office and published for opposition. The defendant lodged oppositions against the application and the opposition proceedings are pending.

Law of Unjust Enrichment, Teva Pharmaceuticals, Fosalan, ILPTO