Rapid Patenting in Israel 

By Avraham Hermon, Israel Patent Attorney, US Patent Agent, Partner JMB Davis Ben-David

Anyone experienced with patent prosecution understands that obtaining a patent can take a long time. In some countries, years may pass even before the start of examination, and more years may pass before a patent is granted.

For clients interested in speeding up the process, the Israel Patent Authority allows an inexpensive and convenient pathway to expedite prosecution of patent applications in any technological field. Recently, I assisted a client in the cannabis field in using this pathway for expediting grant of a patent within one year and a few days after filing. This is even more impressive considering the ‘handicap’ of a three-month pre-grant Opposition process in Israel.

What’s the magic and how can it help you with your patent strategy in other jurisdictions?

Dr. Noam Emanuel is the Co-founder and Chief Scientific Officer at PolyPid, a global clinical-stage bio-pharmaceutical company focused on developing, manufacturing and commercializing novel, locally administered therapies to improve surgical outcomes.

Avraham sat down with Noam to discuss the inspiration for PolyPid, how you take a complex idea and turn into a product, successes and failures in creating a bio-tech startup, tips for startup founders, funding advice and much more.
Click below or here to hear the podcast.

THE ISRAEL TRADEMARK SYSTEM
Licensing of Trademarks in Israel

A Question & Answer series dealing with legal questions about the Israel Trademark System, rights and obligations, and practicalities.

Series Editor: Aaron Lewin, Israel Attorney at Law, Head of Trademarks at JMB Davis Ben-David

Contributors: Ms. Miriam Samis, Ms. Dodiva Grant, Mr. Eviatar Aron and Ms. Daphne Lazar

This month, we take a look at the question of licensing trademarks and answer the following questions:

Are there particular requirements, such as quality control by the licensor, for a trademark license to be valid?

Must trademark licenses be recorded with the Israel Trademarks Office or other governing body?

Can a licensor lose its rights in a trademark by failing to comply with its obligations under the license, such as maintaining quality control?

Click here or below for the answers.

NFT`s and Their Interplay with IP

by Ivan Lipshitz, Adv., JMB Davis Ben-David

The internet has driven to prominence a powerful new digital phenomenon that is taking the world by storm and has recently exploded upon the tech scene and the blockchain space. They are called NFT`s (Non -Fungible Tokens). NFT`s have captured the attention of the public, investors and collectors of artworks and memorabilia alike in their popularity, scarcity, and for their sheer astronomically high price tag.
In March 2021, the famous auction house, Christie's® sold on auction, as an NFT, the digital artwork collection entitled “Everydays: The First 5000 Days” created by the digital artist, Beeple, whose real name is Mike Winkelmann, for a staggering US$ 69.3 million. And consider that prior to October 2020, he had never sold a work for more than US $ 100! Later that same month, a digital artwork created by the humanoid robot Sofia in collaboration with 31-year-old Italian digital artist Andrea Bonaceto, was sold at auction for nearly $700,000 in the form of an NFT.
Not surprisingly, this phenomenon has a lot of people talking and asking a host of questions concerning NFT`s and their legal implications such as regards ownership rights and their interplay with intellectual property law. In this Article I endeavor to answer some of these questions.
Among the questions asked are the following: what are NFT`s; how do they fit into existing legal frameworks, specifically IP law and what, if any IP rights are associated with NFT`s; and how do you factor in Smart Contracts and Licensing? 
Click here or on the button below for answers to these and other questions.

Why Every Counterfeit Has a Silver Lining

by Jeremy M. Ben-David, Managing Partner, JMB Davis Ben-David

In this piece originally published in 2016, an unlikely-sounding confluence of interests between public interest (safety) and the existence of IP rights is discussed. A case is made for accountability of a brand owner to it’s branded products, and to avoid products that have no name, a cheap price, and for whom no one bears responsibility as to their safety.

Click here or below to read more.