đ11 Kiryat Hamada Street, Jerusalem, Israel
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I was born in July 1961. For those who care about such things, I was born on the same day as Princess Diana. The reason that I am thinking about this is that we are one month into 2024, and it seems that as much as things change, the more they stay the same, a proverb attributed to Jean-Baptiste Alphonse Karr, a French writer. In the original French âplus ça change, plus c'est la mĂȘme choseâ. Like all proverbs, it can mean different things to different people. To me, in my day to day role at JMB, it mainly means that I have to excel at the very same things that I have been doing now for decades; that they should always be approached with a fresh attitude, and with the energy as if doing these things for the very first time. This is important, if for no other reason, that this is what is expected from all professional service providers. But still, what is the connection to July 1961?
It was in July 1961 that Vince Lombardi made his four word introductory comment to the players of the Green Bay Packers football team, which reserved its place in the coaching hall of fame for many years to come. I am of course referring to his opening statement âThis is a football.â You can read more about him and his coaching fundamentals, here. Essentially, his message was a simple one: before you start planning great campaigns, make sure you have an understanding of the basics fully in your possession.
In this present edition of JMBâs âThe IP Trailheadâ, the basics can mean different things. If a headline is required, then it is that JMB is now open for the registration of Plant Breederâs Rights (PBR) in Israel. This is really starting from the basics, as Avraham Hermon takes us through the legal basics, the application process and examination, ultimately leading to registration.
During the course of 2023, Ivan Lipshitz discussed the fundamentals of the interface between trademarks and domain names, generally, ending up with a series on the UDRP. He now discusses Yoga-related case history, with the intention of vicariously bringing these fundamentals to life.
In our podcast, Avraham Hermonâs latest guest is entrepreneur Moty Arcuschin, Co-Founder & CEO at SensePass.com, an Israeli-US based company whose stated mission is âexpanding the boundaries of digital payment processes and building a new future for contactless payment optionsâ. While the technology seems to be anything but basic, use of their system seems to be childâs play!
Finally, I also add my own contribution, but really getting back to basics, by introducing a series discussing the essential stages of patent registration in Israel. Not quite the âThis is a footballâ of Vincent Lombardi, but nonetheless some important fundamentals.
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Mankind has been selectively breeding plants for thousands of years, by cultivating plants that grow in the wild, and breeding them to improve various characteristics. Selective breeding has impacted and improved virtually every variety of plant which farmers grow today. While patents are a type of intellectual property provided by government to protect technological inventions, plant breedersâ rights are an additional, less well-known type of intellectual property, that gives breeders the ability to prevent others from marketing the products of their breeding efforts.
âThe International Union for the Protection of New Varieties of Plantsâ (UPOV) is an intergovernmental organization established by the International Convention for the Protection of New Varieties of Plants. In 1973, the Plant Breederâs Law was introduced in Israel; Israel joined the UPOV treaty in 1979.
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I kick off the New Year with this, the first of my case reviews in my new occasional series: âLessons to Be Learnt- An Occasional Review of Recent UDRP Decisionsâ. In this series I will review and analyze some recent UDRP panel decisions relating to UDRP complaints.
You might think that the domain name gloyogastudios.com, registered after the registration of YOGAGLO as a trademark, would have a tough time fighting a domain name complaint at the UDRP. However, that would be misunderstanding the role and function of the UDRP, and the requirements to prove a UDRP complaint.
As the following case synopsis shows, one of the requirements for a UDRP complaint to be successful, is the provision of evidence to demonstrate bad faith by the respondent in registering and using its domain name. This is not the same as being able to successfully sue for trademark infringement which, of course, is completely outside the purview of the UDRP.
Intrigued?
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Moty Arcuschin is the CEO and co-founder of Sensepass, an Israeli fintech startup that allows retailers to accept payments in forms that are currently not available in most stores.
Avraham sat down with Moty in the offices of Sensepass in Tel Aviv to discuss the problem that Sensepass solves, getting funded, building a team, tips for startup founders and much more.
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In this new series, we will be looking at what makes the Israeli patent registration process unique, and what does not.
Some of the basics that you should know before filing a new application in Israel are discussed in this article. They include:
- Filing Language. Did you know that English, Hebrew and Arabic are all official languages of the State of Israel?
- Conventions. Israel is a member of the Paris Convention and of the PCT
- Utility Models can be used as a basis for a Priority Claim.
- The application number will become the Israel Patent Number, if and when a patent is granted.
- Excess pages Fees are payable on entry.
- It is possible to prevent file wrapper publication, but the window of time in which this can be done is very limited.
As mentioned, these are some of the basics. If you wish to know more, clickhere.
Feel free to email me directly: Jeremy.ben-david@jmbdavis.com if you need any clarification, or with regard to any other issue.
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The JMB Davis Ben-David patent services team helps companies and individuals secure and leverage their patent rights for products in the US, Israel, and globally.
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The JMB Davis Ben-David trademark services team works with leading international brands seeking to merchandize their products in the US, Israel and the rest of the world.
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For 25 years, the JMB Davis Ben-David team has successfully assisted clients in registering design patents that protect their original designs for products ranging from medical devices to diamonds.
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The JMB Davis
Ben-David
YouTube Channel
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You'll find our hour long webinars on Patents and using the Patent system to your advantage.
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We're here to help you with your patents, designs and trademarks.
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We started JMB Davis Ben-David with one goal in mind: to help our clients navigate the challenges of securing rights to their IP. This includes patents, designs and trademarks. Since 1995 we have been working with partners around the world so as to secure our clientsâ IP rights. Weâre here for you.
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Managing Partner
JMB Davis Ben-David
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