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Gilat, Bareket & Co. of the Reinhold Cohn Group has vast experience, accumulated over a quarter-century of extensive activity, representing clientele in various aspects of intellectual property matters, especially litigation, transactions and procedures with regulatory and other authorities. The firm practices the entire range of intellectual property and related law, in particular patents, trademarks, designs, copyrights, plant breeders’ rights, trade secrets, unfair competition and passing off, internet domain names, service inventions, open source software, big data, privacy protection and a variety of topics at the core of or related to intellectual property. The firm’s dedicated enforcement department concertedly works in anti-counterfeiting with Israeli courts, customs and police.
The firm has a wide range of clients – international and Israeli companies, large and small, start-ups, government agencies and private individuals – inventors, authors, entrepreneurs, a varied range of industries, such as high-tech, telecommunications and media, pharmaceuticals and health, food, energy, water and environment, medical equipment, fashion and cosmetics, electronics, the music, film and television industries, and more.
The firm represents our clients before various judicial instances and in proceedings before the registrar of patents, trademarks and designs in oppositions to the registration of intellectual property rights and petitions for their revocation. The firm also has broad experience in managing litigation overseas through a network of associate offices around the world.
The technological know-how of the firm’s attorneys and their close cooperation with Reinhold Cohn Group’s patent agents provide a significant advantage for the client, who receives complete, attentive legal, technological, and business guidance.
The firm serves a diverse range of clients—both international and Israeli—including companies of all sizes, start-ups, government agencies, and individuals across industries such as high-tech, pharmaceuticals, media, fashion, and more.
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Patent Litigation
Gilat, Bareket & Co., handles all legal aspects of the protection of rights pertaining to patents. The firm’s practice in this area includes:
- Filing suits for patent infringement in courts.
- Defense against lawsuits for patent infringement in courts.
- Representation before the Patents Registrar in opposition proceedings to patent registration, applications to revoke a patent, applications for patent term extension, applications to indicate the name of an inventor, and applications to amend specifications.
- Rendering opinions regarding infringement and freedom to operate.
- Strategic counseling regarding the protection of technologies.
- Counseling on service inventions.
The partners and associates specializing in patents bring years of experience handling complex cases across diverse fields, including biotechnology, chemistry, aeronautics, communications, computing, pharmaceuticals, the internet, and mechanics.
Patent Term Extension
The legal framework for patent term extensions (PTE) in Israel is complex. The PTE provisions, part of the Israeli Patent Law of 1976, have undergone several amendments over the past decade, leading to a lack of clarity and occasional ambiguity. The PTE provisions are implemented by the PTE Regulations which were amended in 2017.
Israeli PTE orders are only available for pharmaceuticals that contain an active ingredient that was registered for the first time in the Israeli Pharmaceutical Registry. Israeli PTE orders are also available for medical devices if all applicable conditions are met.
One of the main complexities of the Israeli PTE regime is that the issuance of an Israeli PTE order is influenced, inter alia, by a drug’s marketing approval and the issuance of corresponding PTE and/or SPCs outside of Israel – namely, in the US and five European countries (Italy, Germany, the United Kingdom, Spain and France). In particular, if a marketing approval was issued for a drug in the US and/or one of the European countries, an Israeli PTE order will be issued only if a corresponding US PTE and/or SPC was issued as well. Furthermore, the duration of the Israeli PTE order is calculated on the basis of the corresponding PTE and SPCs and the expiry of the order is also influenced by the status of these foreign term extensions.
Gilat, Bareket & Co. has extensive, in-depth understanding and vast experience in all aspects of PTEs, including legal advice, litigation, and representation before various judicial bodies. Gilat, Bareket & Co. has also accompanied the innovative industry in several legislative proceedings relating to PTE provisions and regulations.
Trademarks Litigation
Gilat, Bareket & Co. offers comprehensive legal services covering all aspects of trademark and goodwill protection, including:
- Representing clients in court in cases of registered trademark infringement, passing off, dilution of reputation, unfair competition, and unjust enrichment, including filing for injunctive relief and other interim measures.
- Managing oppositions, revocations, and cancellation proceedings before the Trademarks Registrar.
- Handling disputes related to the protection of internet domain names.
- Providing strategic counsel on managing and planning trademark portfolios, both in Israel and internationally.
- Drafting trademark assignment and licensing agreements.
- Offering expert opinions on trademark infringement and passing off.
In recent years, the firm’s attorneys have been involved in numerous landmark trademark and brand protection cases in Israel, including those argued before the Supreme Court.
Designs
Gilat, Bareket & Co. handles all legal aspects related to the protection of design rights. The firm’s expertise in this area includes:
- Filing and defending design infringement lawsuits in court.
- Representation before the Patents & Designs Registrar in proceedings related to registered designs, including revocation applications.
- Providing legal opinions on design infringement and freedom to operate.
- Offering strategic counsel on protecting designs through registration.
The firm’s partners and associates have extensive experience managing cases concerning the protection of aesthetic designs as registered designs.
Plant Breeder’s
Plant breeders’ rights (PBR) in Israel are granted and enforced under the Plant Breeders’ Rights Law of 1973, which implements Israel’s obligations under the UPOV Convention. This law, along with the Plant Breeders’ Rights Regulations of 1974, ensures protection for breeders of new plant varieties.
In accordance with the UPOV Convention, a breeder’s right is granted in Israel when the variety is new, distinct, uniform, and stable.
Registered PBRs offer a significant competitive advantage in today’s agricultural industry, where advanced technology and research enable the cultivation of new and unique plant varieties.
Gilat, Bareket & Co. has extensive knowledge and experience in all aspects of PBRs, including their protection, commercialization, litigation, and representation before various judicial bodies. The firm also assists clients in drafting licensing agreements related to the production and distribution of agricultural products protected by PBRs, as well as agreements for the use of protected varieties and strategic partnerships with nurseries, growers, distributors, and exporters.
IP Due Diligence
Due Diligence is a comprehensive and in-depth investigation into the assets, financial status and commercial capabilities of an enterprise or company, to determine whether the company or entrepreneur has real and business-value assets, to determine the value of these assets, and the extent to which the venture is exposed to competitive risk.
Business Due Diligence is of crucial importance to an entrepreneur or investor looking into the possibility of investing in a company when a license is being purchased for the company’s technology, or before a company merge with another. Due Diligence is important, particularly with respect to Intellectual Property, which, in most cases, lies at the heart of any business.
The scope of the Due Diligence and the issues it will cover depends on the technology and nature of the transaction. Reinhold Cohn professionals ensure that the Due Diligence complexity and scope are consistent with the client’s needs and goals in the transaction.
Due to Intellectual Property’s great value in the technological world, Due Diligence must provide all the important information on a company’s intangible assets. This knowledge enables to properly assess the parameters supporting the business plan, including the net worth of the company’s patents and the barriers they create for existing as well as potential competitors and other barriers such as unique and confidential know-how, etc.
Due Diligence for a company working with the Reinhold Cohn Group provides the investor with a reliable and up-to-date snapshot of the Intellectual Property asset value and the venture’s inherent risks, if any, in a way that benefits the decision-making process.
‘I highly recommend Gilat Bareket & Co. I can say from personal experience that their excellent reputation is well deserved. The team at Gilat Bareket & Co. is very professional and competent. Their impressive knowledge of patent law, combined with their highly collaborative approach, ensures that the work is done efficiently and very effectively.’
“They have a solid team of IP lawyers, who think ahead and are proactive.”
Copyrights
The copyright law practice at Gilat, Bareket & Co. offers a comprehensive range of legal services to internet and media companies, publishers, authors, musicians, and artists. These services cover the protection of musical, literary, artistic, dramatic, and cinematic works, as well as general legal advice for users of copyrighted materials. Our expertise in this field includes:
- Representing plaintiffs and defendants in copyright infringement litigation.
- Providing ongoing counsel to companies and individuals on copyright protection and infringement matters.
- Advising and representing clients in agreements with collective rights management organizations, such as ACUM, IFPI (International Federation of Phonographic Industry) Israel, the Israeli Union of Performing Artists, and others.
- Offering guidance to various entities on legislative proposals in the area of copyright.
- Advising on copyright-related issues to help clients develop effective copyright protection strategies.
- Structuring agreements for the use of copyrighted works in television and cinematic productions.
- Handling advertising and regulatory matters related to copyright.
This practice helps clients navigate the complex legal landscape of copyright to ensure their creative works are protected and managed effectively.
Enforcement
Rights holders can be seriously damaged financially from counterfeits being imported and distributed, designs and works being copied, trademarks being used deceitfully, and other intellectual property infringements. An enforcement strategy built on using extensive knowledge, experience, and a combination of various enforcement measures is essential in preventing, stopping, and minimizing damage from such vulnerabilities.
The Enforcement Department of Gilat, Bareket & Co. develops an anti-counterfeiting strategy for its clients that is in line with their intellectual property strategy and provides IP-law enforcement and representation services in this field before the courts and law enforcement officials.
The department works in close cooperation with state authorities (including Israeli customs and police) toward preventing infringing products, counterfeits, and imitations from being imported and distributed in Israel and areas under the Palestinian Authority.
The department is also active in the enforcement of the distribution of counterfeits over the internet, which has become fertile ground for such illicit activity.
Privacy Protection
Privacy protection is recognized in Israel as a fundamental right, akin to constitutional rights, under the Basic Law: Human Dignity and Liberty. The protection of privacy and data is governed by the Privacy Protection Act, 5741-1981 (PPA). Although enacted before the Basic Law, an amendment in 1996 added the protection of private data to the PPA. On May 8, 2018, the Privacy Protection Regulations (Data Security), 5757-2017 (PPR) came into effect, establishing data security standards and operational requirements aimed at integrating data security into the routine management of organizations. These regulations apply to anyone maintaining digital databases containing personal information (e.g., customers, employees, suppliers, patients), imposing stringent measures based on the sensitivity of the data, including the requirement to register the database with the Privacy Protection Authority (PPA).
Our firm offers legal assistance in defining client databases and implementing the necessary measures in compliance with the PPR. This includes preparing the appropriate documentation required by the PPA, drafting data processing agreements, and advising on various legal issues related to data collection and usage.
Internet Law
Internet law encompasses the application of legal principles and legislation to all forms of internet use. Rather than a distinct field, it is an intersection of various areas of law—such as intellectual property, contract law, privacy, and more—applied to online activities.
In today’s business landscape, familiarity with local regulations related to internet law is increasingly important. This includes areas such as defamation, copyright and intellectual property infringement, privacy, licensing, internet contracts, e-commerce, domain disputes, and data gathering and distribution.
Gilat, Bareket & Co. represents both Israeli and foreign clients in Israel and abroad across various aspects of internet law. We offer legal consultation and representation in matters related to technology and the internet, serving hi-tech companies, digital media and e-commerce businesses, startups, individuals, and more.
Our lawyers bring extensive experience in managing legal issues involving internet-driven technologies. Our deep understanding of these technologies allows us to craft optimal protection strategies for our clients. Whether providing legal counsel or representing clients in disputes, we are dedicated to safeguarding their interests.
Trade Secrets
Companies often protect their proprietary rights by registering patents or designs (formerly industrial designs). However, in some cases, the status of certain information as a trade secret can offer sufficient protection without the need for registration.
Section 5 of the Commercial Torts Law, 5759-1999, defines a trade secret as “business information of any kind that is not publicly known or easily discovered, and whose confidentiality gives its owner a business advantage over competitors, provided the owner takes reasonable steps to maintain its secrecy.”
The law states that misappropriation of a trade secret occurs when the secret is taken or used without the owner’s consent, through improper means, or in violation of a contractual or fiduciary duty. It also applies when a trade secret is received or used without the owner’s consent, and it is known or clearly evident that the secret was obtained unlawfully.
Importantly, reverse engineering of a trade secret is not automatically considered improper, and therefore, does not necessarily constitute a violation. Under the law, anyone who infringes a trade secret may be required to pay the owner up to ILS 100,000 in compensation without needing to prove damages.
The attorneys at Gilat, Bareket & Co. advise clients on protecting trade secrets, represent them in legal actions against violators, and assist in defending against claims by third parties. The firm also helps clients develop strategies for protecting trade secrets, including drafting confidentiality agreements and internal policies.
Mediation & Arbitration
Mediation and arbitration offer alternatives to court for resolving Intellectual Property (IP) disputes, facilitated by a third party mutually agreed upon by both sides. In mediation, the mediator assists the parties or their counsel in reaching a resolution but does not render a judgment. If no agreement is reached, the process ends, and the case returns to court. If mediation results in an agreement, it is submitted to the court for validation. In arbitration, if the parties fail to reach an agreement, the arbitrator is required to issue a binding decision.
Most IP disputes involve claims of patent, design, creation, or trademark infringement. Mediation and arbitration allow the parties to choose a panelist with expertise in these areas, potentially leading to more informed and creative resolutions. Such outcomes can often be more balanced and favorable to both sides, unlike court rulings, which may disproportionately benefit one party.
Confidentiality is crucial in IP disputes, as it prevents the exposure of sensitive information—such as inventions, trade secrets, and business practices—to competitors and clients. While court proceedings may lead to such disclosures, mediation and arbitration operate under confidentiality, minimizing risks to a company’s reputation and competitive edge.
These procedures also offer added advantages in terms of efficiency, often delivering faster and more cost-effective resolutions compared to court litigation.
Given the unique nature of IP, which integrates technological, business, and legal considerations, it is essential to engage a mediator or arbitrator with deep expertise in the relevant field and its potential implications.
With our extensive knowledge and experience in all aspects of Intellectual Property—both commercial and legal—the Reinhold Cohn Group is well-positioned to thoroughly assess each case and help achieve a solution that serves the best interests of both parties.
IP Transactions & Licensing
Technology has become the focal point of large-scale business transactions, whether involving investment in innovative technology companies or licenses to exploit a registered patent or brand.
In recent years, the trade in technologies, particularly patented ones, has grown rapidly, alongside a surge in patent infringement cases and the scale of damages awarded.
Structuring a successful license agreement for the use of a patent-protected technology requires an in-depth understanding of the technology as well as of the relevant business environment. The combination of scientific understanding and business insight enables Gilat, Bareket & Co. to provide proficient, top level transactional support to clients interested in granting or acquiring intellectual property rights.
