First of all, how do I define my intellectual property
Definition:
Intellectual property is divided into 4 separate elements: copyrights, trademarks, designs, and patents.
Each of them protects a different element. Copyrights can protect content/text, images,
photographs, design, source code, videos, animations, maps, fonts, and more.
Trademarks protect the reputation of a name/brand, including a specific product line of a business or company.
Designs protect the visual element only, usually referring to industrial designs, furniture, toys,
car models, clothing items, and more.
Patents protect a technological process that is considered a new and advanced invention.
Intellectual property is considered an economic asset in every respect for its owner, hence the importance of protecting it.
Basic steps to protect my intellectual property
In order to examine legal protection methods for each of the elements of intellectual property, a
thorough legal examination should be conducted regarding which types of intellectual property exist that are relevant to the matter.
Some elements of intellectual property are protectable in the specific country where the business/company operates, and some are protectable across borders.
To maximize the protection of intellectual property, applications for registration of rights should be submitted in the relevant name in the relevant country.
In Israel, there is a Patent Office that includes the Registrar of Trademarks, the Registrar of Designs, and the Registrar of Patents.
When do you typically realize it’s time to formalize the brand:
Trademark registration in the business lifecycle?
If we are talking about a brand – then we are talking about a trademark for the brand.
Registering a trademark in the relevant country allows the owner to gain official exclusivity
to use the mentioned brand and prevent competitors from using it without permission.
Practice shows that it makes sense to apply for a trademark registration for the business/brand name or
business/company/brand products when the name starts to gain reputation and the consumer can associate
the name with the company/business.
It should be noted that the trademark registration process may take about a year and in certain cases in an expedited process
approximately 5 months.
How to check if my idea already exists in the market
Does the name exist or not?
There is no defined way to check if the idea exists. First, start with a basic search on Google or other media.
According to Israeli law, there is no protection for an idea.
There is protection for the expression of the idea, and if the creator meets the criteria set by law, they will be considered the owner of
copyright in the creation. If the “idea” falls under the Patent Law, then a thorough search should be conducted
to see if such a patent or a similar one exists through a patent attorney’s office and to examine whether it is something
“patentable.”
How to check if someone is using my brand name.
Brands are protected by trademarks. The right in the trademark is territorial – state-based.
To check if the relevant brand/name is registered in the trademark department, you need to visit the
trademark department’s website and conduct a search there.
Additionally, you can conduct a thorough search through Google to see if someone who is not the brand owner is using
this name.
For a global check, you can search for the brand name – if it is registered as a trademark abroad
– on the World Intellectual Property Organization (WIPO) website.
Copyrights / Software Development, Who Owns the Application?
The Real Owner? Me or the Programmer?
The Israeli Copyright Law defines types of works. Computer software/source code falls under a literary work.
The law sets defined conditions for who holds the copyright in a commissioned work.
Example:
A client orders software development from a software house/programmer. It is recommended when engaging with a software house to anchor all
commercial legal issues and those related to copyrights to minimize the chances of disputes.
Summary:
Daniel Zolotovitsky, Law Office is a fresh and dynamic firm engaged in representation, consulting, and providing legal services
in the fields of intellectual property (copyrights, trademarks, designs), commercial-contractual law for businesses, brands, and leading companies in Israel and abroad. For any consultation, please contact us
*The above is only general background and does not constitute legal advice in any case
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