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In today's world, ideas, brands, creative works and technological inventions in general can be worth far more than real estate or any other tangible property. Proper legal protection of these assets is protection of our money and of the most valuable resources we have, and it makes it possible to maximize their economic value and preserve our competitive edge as a business. The path to good, sound legal protection runs through a lawyer who specializes in intellectual property. In effect, they are our partner in protecting these resources – from the idea stage, through registering rights in Israel and worldwide, to persistent enforcement against anyone who infringes our rights. Don't leave your assets exposed – reach out today for an initial legal consultation that will secure your business's future.
Legal guidance in intellectual property is needed at several junctures in the life of a business or creator – both as preventive protection and in response to a legal crisis.
Your brand is the face of your business, and a reputation built through hard work can go down the drain if a competitor copies it. That's why it is important to register your brand's trademarks in Israel and abroad to secure full exclusivity over company names, logos and graphic symbols, slogans, campaigns and distinctive commercial phrases.
Copying content today is easier than ever, and although it is often hard to trace, it is precisely the law that grants creators broad protection. When protection is needed, or when an infringement is discovered involving literary works, articles, marketing copy, works of art, photographs, images, videos and other types of content, it is advisable to contact an intellectual property lawyer promptly so they can act to enforce your rights and stop the infringements.
Entrepreneurs who have developed a new product or breakthrough technology may find themselves exposed without legal protection and ultimately lose their commercial rights. When it comes to patents or designs (a field formerly known in Israel as “models”), professional legal guidance to assess registrability and preserve your rights is critical even before the development is disclosed to the public.
Assets and sensitive information can be protected by keeping them as trade secrets and by carefully drafting non-disclosure agreements (NDAs). This protection covers important data such as manufacturing processes, customer lists and business plans in development, alongside defining work procedures to prevent information from being passed to competitors.
When intellectual property owners' rights are infringed, fast and decisive legal action is required, through strongly worded cease-and-desist letters and settlement negotiations. If these steps are not enough, the owner, through their lawyer, should file a damages claim and, in parallel, apply for injunctions, seizure orders and attachments against those who infringed the client's rights.
To understand which legal protection best suits an asset, you need to examine its nature (is it a technological idea, a physical product, a brand or an artistic work) and then weigh the owner's business goals. Choosing the right strategy depends on the type of asset, on the need for public disclosure versus confidentiality, and on budget.
Trademark – protects a business name, logo, slogan or brand. The main purpose is to prevent competitors from misleading customers and using the business's name.
Patent – protects a technological invention, a new mechanism or an engineering development. The main purpose is to prevent others from manufacturing or selling the technological invention.
Copyright - protects texts, software code, photographs, songs and videos. The main purpose is to prevent copying or distribution of an original work.
Design – protects a product's external appearance, contours and unique packaging. The main purpose is to prevent others from copying the product's shape and visual aesthetics.
Rights that must be registered (registered rights): a patent grants a monopoly only after an application has been filed, examined and approved by the Israel Patent Office at the Ministry of Justice. Similarly, trademark registration and a registered design provide strong, exclusive protection against infringement. Registration involves paying fees and undergoing official examination.
Rights that arise automatically (unregistered rights): copyright arises automatically the moment an original work is given tangible expression (fixation), with no need to register it in any database. A trade secret is protected by virtue of strictly maintaining its confidentiality and having employees and partners sign non-disclosure agreements (NDAs). In addition, Israel's new Designs Law grants automatic protection against copying to an “unregistered design” as well, for up to 3 years from the date of its publication.
Registering a patent grants a broad monopoly, but requires disclosing the details of the invention to everyone, and the protection expires after 20 years. By contrast, protection as a trade secret suits cases where the information can be kept completely secret over a long period (such as unique manufacturing formulas), or where the invention does not meet the threshold required for a patent. Keep in mind, however: a trade secret does not grant a monopoly and does not protect against a competitor's independent parallel development or against the invention being cracked through “reverse engineering.”
One of the most common mistakes entrepreneurs and business owners make is assuming that whoever pays for the development of a product, code or design automatically owns it. In practice, the law sets clear rules regarding who the first owner is. Without proper contractual arrangements, entrepreneurs and clients may discover after the fact that the rights in the development do not belong to them.
When a product is developed by a salaried employee of the business, the law leans in favor of the employer, but with caveats. With respect to copyright in code, text or a particular design, the employer is the first owner of the rights, provided the work was created by the employee for the purposes of, and in the course of, their employment. When it comes to a patent (a service invention) that the employee arrived at as a result of their service and during the period of their service, the patent belongs to the employer. However, the law provides that the employee is entitled to remuneration for the invention, unless they have expressly waived it.
Unlike a salaried employee, here the law provides that the first owner of the copyright in an asset commissioned from a freelancer is the freelancer, not the client. The fact that the client paid for the work grants them, by default, only a license to use it – not ownership. For the rights to pass to the client, the client must have the freelancer sign, in advance, an engagement agreement that includes a full, explicit and irrevocable IP Assignment clause covering all intellectual property that will be created.
In the early stages of a startup, the founders usually work together even before the company is incorporated as a legal entity. Together they shape the strategy, write code and design products. The problem is that at this stage the intellectual property belongs to the individuals who developed it, not to the future company, and if one of the partners leaves, they may take the IP rights with them and completely paralyze the startup.
The way to solve this legal problem is a professional founders' agreement establishing that every idea, development or asset created by any of the partners for the venture belongs to the company and will be transferred to its ownership as soon as it is incorporated.
When there is a concern that intellectual property has been infringed, it is essential to act quickly and with good timing, since the course of action has a decisive impact on the legal outcome. Whether you are the party whose rights were harmed or the party alleged to be the infringer, acting correctly in real time can save a great deal of money and aggravation.
When a creator or business owner discovers that a competitor has copied their logo, product, text or code, it is important to act quickly and wisely. First, gather and document evidence (screenshots, saving links, purchasing the copied product, etc.). Infringers tend to delete evidence quickly once they realize they've been caught, so you need to act in real time.
Second, send the infringer a formal, strongly worded letter signed by a lawyer. The letter should demand that the infringement stop immediately, that the copied products be destroyed and that monetary compensation be paid. It should make clear that non-compliance will lead to legal action.
Key intellectual property laws (such as the Copyright Act and the Commercial Torts Law) allow claims for statutory damages of up to NIS 100,000 per infringement, with no need to prove actual financial loss.
Receiving a letter from a lawyer accusing you of copyright infringement can be an extremely stressful experience. It is very important not to ignore the letter, but at the same time you must not admit guilt or pay right away. If you have received a cease-and-desist letter alleging intellectual property infringement, it is advisable to contact a lawyer who specializes in this field to get appropriate legal guidance. The lawyer will examine the rights holder's claims and the alleged infringer's defenses, and can negotiate to prevent a lawsuit. If a mistake was indeed made and you infringed a certain right, it is important to act quickly and wisely. One of the first steps (in parallel with negotiations) is to remove the infringing content immediately.
When the infringement takes place in the digital space (across the web, social networks, YouTube, Amazon, etc.), you don't always have to go to court to stop it. Most major internet platforms have dedicated mechanisms for reporting intellectual property infringement (Notice and Takedown).
So, to have the infringing content removed, you should submit a formal, reasoned complaint to the platform, presenting proof of ownership of the asset and of the infringing content. In most cases, the complaint will lead to the site's administrators removing the infringing content quickly, and sometimes even to the infringer's account being blocked.
The world of artificial intelligence (AI) is evolving at record speed and challenging intellectual property law with new legal questions and issues. The everyday use of tools for generating text, images and videos raises complex questions that have yet to be addressed by legislation and have not yet been decided by the courts.
Is there copyright in an image, text or code generated by artificial intelligence? The basic rule of copyright law is that protection is granted only to an original work that is the product of a flesh-and-blood human mind. As of today, output generated entirely by AI lacks copyright protection and is considered to be in the public domain. The exception is where there is a combination of original and substantial human contribution (such as significant creative editing of the output or its incorporation into a broader work), in which case the final product may enjoy legal protection.
The other side of the coin (and the more dangerous one) is the business's exposure to massive copyright infringement lawsuits, even when you acted in good faith. When AI tools generate a work for you, they rely on materials that exist online and may produce output that closely resembles another copyrighted work. Using such a work may expose the user to legal claims.
The global market and the digital economy have broken down the physical borders between countries as they once existed. Today, products and services cross borders at the click of a button. This issue is especially significant for Israeli exporters, startups and high-tech companies that need to protect their intellectual property both in Israel and, above all, beyond its borders. For many, international IP protection is a prerequisite for preserving company value, preventing copying in target markets and raising investment around the world.
Registering intellectual property in Israel is not valid and does not provide protection in other countries. One of the basic principles of intellectual property is the principle of territoriality: IP rights apply only in the country where they were registered. Therefore, a business owner who wants to sell their products outside Israel – for example, in Europe, China or the US – must also register their rights in those countries; otherwise, local competitors will be able to manufacture and market the product entirely legally in those markets. The main exception to the principle of territoriality is copyright: literary, musical, software and artistic works enjoy automatic protection almost everywhere in the world (in more than 180 countries) by virtue of international treaties, chief among them the Berne Convention.
In the past, protecting an IP asset in several countries required filing a separate application in each country, in the local language, paying separate fees and retaining local lawyers. Today, there are international systems that significantly simplify the entire process.
Choosing a lawyer to guide your business in intellectual property is a decision of great strategic and economic weight. An intellectual property lawyer not only protects the business's developments, works and brands, but also helps build intangible assets that directly increase the company's value.
Intellectual property law is divided into two main areas, and not every lawyer specializes in both to the same degree -
The choice of an intellectual property lawyer should match the goals of the product or business owner. Thus, while trademark registration and IP agreements are handled by lawyers, drafting and registering patents usually requires turning to a patent attorney (who has dedicated technological training). On the other hand, when an infringement is discovered or a commercial dispute arises, you should turn to an experienced trial litigator.
Intellectual property is a broad field that spans many industries. The nuances of the law and the legal issues vary completely from industry to industry. When choosing an IP lawyer, it is important to choose one who knows your specific field of activity. In high-tech and technology, for example, an understanding of open-source models, cybersecurity, algorithms, artificial intelligence and more is required. In e-commerce, by contrast, familiarity with social media rules, commerce platforms, international brand protection and more is needed. Another prominent field is that of creators, artists and media professionals, who need a lawyer specializing in classic copyright (distribution contracts, performers' rights, production agreements and more).
Fee structures in intellectual property vary according to the nature and complexity of the work. Before engaging legal counsel in this field, it is important to clarify with the lawyer how fees will be calculated and to align expectations in advance.
Some lawyers charge a fixed price (Fix Price). This is a common method for predefined actions (such as filing a trademark application or drafting an NDA or a cease-and-desist letter). It is important to check in advance whether or not the price includes the government fees payable to the Patent Office (which are paid separately).
In complex cases, particularly those involving prolonged negotiations, lengthy due diligence or ongoing support for patent registration, the lawyer may charge an hourly fee. In such a case, it is advisable to ask the lawyer for an estimate of the expected hours.
Another option for calculating fees is a percentage of the damages (contingency basis). This applies to lawsuits against copyright infringers. Some lawyers charge a percentage of the amount awarded or received in a settlement, and here it is important to check how much is expected to be received and what percentage will be paid as the fee.
To avoid getting lost among thousands of lawyers, it is advisable to use professional directory sites such as LawReviews, which present objective information and guide those who need legal counsel toward the solutions that suit them specifically. Using the LawReviews legal directory gives anyone who needs it all the information required to choose the lawyer who suits their needs. The legal directory includes reviews of lawyers. The site allows filtering by precise, specific specialization within intellectual property (such as patents, trademarks or litigation).
All the information, reviews and filters allow everyone to choose the intellectual property lawyer that best fits their needs and business activity as precisely as possible.
No, a business name registered with the Registrar of Companies is not automatically protected as a trademark. Registering a company with the Registrar of Companies mainly prevents another company with an identical or misleading name from being registered, but it does not grant proprietary rights in the brand. To obtain legal exclusivity over the name and prevent competitors from using it, the brand must be registered as an official trademark.
Patent law does not protect software code in itself (code is protected by copyright), but rather an innovative technological process that produces a solution to a technical problem. Therefore, it is possible to patent an app or software, but under very restrictive conditions. This registration is complex and requires review by an expert lawyer.
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