Question 1

What is a patent?

Accepted Answer

A patent is an exclusive right granted for inventions of products and technological processes for a limited time period, generally 20 years from the patent application filing date. 
To be granted a patent, the inventor must disclose the technical information about the invention in the patent application to the public.

Question 2

What is a trademark?

Accepted Answer

A trademark can be a phrase, word, design, symbol, sounds, and smells, or a combination of these, that identifies goods or services and helps the consumer distinguish a brand from its competitors. 
The trademark can provide legal protection for their brand against fraud and counterfeit for the right owners and helps them monetize their brand and reputation.

Question 3

What is a design?

Accepted Answer

The term design (or industrial design) refers to a product or an aspect of a product (shape, figure, decorative lines, or pattern) in various fields, such as industrial and handicraft items, graphic symbols, and more.
In principle, the owner of a registered design may prevent third parties from producing, importing, or selling products commercially, which infringe the design.
In Israel, even owners of unregistered designs have some protection, albeit more limited than registered designs, that allows them to enforce and protect their rights.

Question 4

What is copyright?

Accepted Answer

Copyright is a legal term used to describe the exclusive rights that authors have over their works. Among the works worthy of copyright protection are paintings, musical works, books, photographs, computer software, and more.
Copyright protection extends only to expressions, not ideas, procedures, practices, or mathematical concepts as such.
Copyright is divided into two types: the economic right – which allows the rights holders to generate profits from the use of their works, and the moral right – which aims to protect the non-economic interests of the author, such as his right to credit.

Question 5

What is breeder's right?

Accepted Answer

breeder’s rights are part of the Intellectual Property Rights, which gives breeders a monopoly for several years on the subspecies of plants. The monopoly is given both to the material used for reproduction (such as seeds) and to the harvested products (e.g., fruit), provided that the variety meets the requirements of the law and is new, different from existing varieties, stable and uniform (i.e., maintains consistent properties even after reproduction).

Question 6

What IP rights need to be registered in order to get protection?

Accepted Answer

There are intellectual property rights that cannot be created without registration, such as patent and breeder’s rights.
There are intellectual property rights, which should be registered to receive as broad protection as possible, such as trademark and design. Still, such registration is not mandatory, and some protection can also be obtained for unregistered rights.
There are rights whose registration is primarily for evidentiary purposes, such as copyright.

Question 7

Why are commercial agreements so important when IP rights are involved?

Accepted Answer

In general, agreements are essential as they are a tool for coordinating expectations between the parties and establishing a legal and business framework within which the parties can conduct themselves.
When intellectual property rights are involved, there are several significant issues that you should consider at the outset, such as ownership, licenses, royalties, and more.
There are often misunderstandings about intellectual property rights, such as ownership, so one party believes that if he paid for certain products, it gives him ownership. Still, the law can determine otherwise depending on the circumstances.
A clear legal agreement that knows how to anticipate the future will help the parties to conduct themselves optimally will provide considerable legal certainty and will prevent future misunderstandings and disputes.

Question 8

What should I do if my IP right was infringed?

Accepted Answer

First, the infringement must be documented. For example, if you have been exposed on one of the social networks to the unauthorized use of your photo, you can take a screenshot that includes the details of the infringement and the infringing account details.
Then check what evidence you have that proves that you are the rightful owner – an application for registration/ certificate of registration (if it is a right that can be registered), documentation of the work/invention, your publications, etc.
The next step, once you have gathered the necessary materials, is to seek legal advice from an attorney who specializes in the field.
While it is very tempting to approach the infringer directly, whether as a way to vent emotions or as an attempt to save expenses, sometimes such an appeal without seeking legal advice (even the most basic) can do more harm than good and impair your ability to address the infringement and receive the remedies you deserve.

Practice Areas

Intellectual Property Rights

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