Areas of Practice:
Intellectual property is the General name for a “family” of legal rights: copyrights, patents, trademarks, industrial design, trade secrets and any right aimed at preventing imitation and copying of works.
Intellectual property is the essence of any business of any kind and in all stages. It exists in the initiative stages of a new business struggling to built its goodwill and market. Intellectual property also exists in an already functioning business seeking to preserve its reputation and resume inovation in its field.
Every business, in every field, seeks to differentiate itself from its competitors, to protect its unique knowledge and avoid unnecessary exposure to imitation and copying by others.
Copyright protection provide a wide defense for a variety of works: artistic works, such as a statue or map; dramatic works, such as a play or film; literary works, such as a lecture, a book or computer programme, and so on.
The law in Israel seeks, on the one hand, to protect the creators of these works and, on the other, seeks to balance the right of exclusivity of the creator against the desire to enrich society with these works.
Adi Barkan-Lev has extensive experience in conducting negotiations and court proceedings relating to copyright infringement, on behalf of both sides of the aisle.
A trademark represents the Goodwill of a business, service or product through a logo, drawing, mark, number, word or combination of words.
A trademark is intended to facilitate the identification of the origin of the product or service.
A trademark can be registered in Israel and worldwide. The importance of registering a trademark is that it provides an exclusive ownership of the mark in relation to certain goods or services.
Adi Barkan-lev has extensive experience with prosecuting trademarks before the Israeli trademark registrar and handling trademark cases before Israeli courts.
The firm also provides legal services such as issuing warning letters and agreements relating to the unlawful use of trademarks.
Registering an industrial design provides protection on an object’s aesthetic value and unique shape.
An industrial design is an object intended for mass production such as a design of a cup, a piece of jewelry, of a dress and the like.
Infringement of an industrial design will occur if and when John Doe will blatantly imitate the design.
An industrial design may be registered with the Israeli Patent Office upon being confirmed as being “new” and of a “unique nature”.
Patent right is an IP right that protect inventions or improvements of existing inventions.
An invention can be a product or a method in any area of technology, as long as it is innovative, useful and can be used.
A registered patent provide its owner the exclusive right to prevent others from using the invention. It is highly important and recommended to register a patent in case it involves innovation or when the invention is the heart of the business and also in order to use the patent for future commercialization of the invention.
Legal proceedings designated to enforce patent rights and commercialization of patent rights are complex procedures. Advocate Adi Barkan-Lev has extensive experience in such procedures.
Importing and/or production of a product which imitates a well-known product of another without authorization from the rights’ owner is considered to be a commercial imitation.
The imitation of a product in a manner that is confusingly similar might be unlawful according to Israeli law if it meets that law’s provisions.
Commercial imitation may be an infringement of a variety of intellectual property rights such as copyrights, trademarks, industrial designs, and so on. However, it is also an independent cause of action in Israeli Courts.
Advocate Adi Barkan-Lev has substantial experience in providing legal counseling and legal representation in Israeli courts both for rights owners and third parties facing claims for infringement of intellectual property rights.