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I work as a legal secretary/editor in the earliest established firm in Israel specializing in Intellectual Property Law (IP). Since most people are unaware of exactly what Intellectual Property involves, we hope to fill in the blanks and present a short layman's guide.

When asked "What is Intellectual Property (IP)?", the formal response is that IP is creations of the mind: inventions, literary and artistic works and symbols, names, images  and designs used in commerce, etc. Thus, Intellectual Property is property which is not tangible but is valuable, and may and should be protected.

An IP firm takes care of the protection of IP rights (such as patents and trademarks) whether "registrable" or not.

For instance, when a manufacturer copies the jeans made famous by the heavy financial investment of a top-brand company and produces a similar version in his small factory, with a view to selling his copies as though they were that of a famous brand, he is infringing that company's IP rights and an IP firm aims to ensure that he is stopped from doing so. Such a matter might be handled by the Enforcement Department which is in charge of the anti-counterfeiting practice and operates in close cooperation with state authorities, such as the IP departments of the police and the custom authorities, to prevent the importation and distribution of counterfeits and imitations in Israel.

The same will happen when the design of jewelry is copied or when one uses a protected invention without the permission of its owner.

Obtaining a registration of IP, such as a patent as well as protecting IP rights, is not cheap.

Intellectual Property is divided into: Industrial Property, e.g. inventions (patents), trademarks and industrial designs; and Copyright, which includes literary, musical, dramatic and artistic works. It refers to creations of the mind, perhaps a brand, an invention, a design, a song or another intellectual creation. IP can be owned, bought and sold, and, just like other kinds of property, IP needs to be protected from unauthorized use and other infringements.

Patents provide exclusive rights for up to 20 years to the inventor or its successor in title.  

Design Patents guard the unauthorized use of new, original and ornamental designs for utility articles of manufacture. For instance, the look of an athletic shoe, the shape of a mobile phone, an original-style bottle, are all protected by design patents. 

Copyrights protect works of authorship, such as writings, music and works of art. In most countries copyrights last for the lifetime of the author plus 70 years. The Wizard of Oz (the book and the film), the Beatles' recordings and computer games are examples of copyrighted works.

Trademarks protect words, names, symbols, three dimensional shapes, sounds, colors that distinguish goods and services and are valuable to their owners. Trademarks, unlike patents, can be renewed forever as long as they are being used in business. The roar of the MGM lion, the pink of the Owens-Corning insulation and the shape of a Coca-Cola bottle are familiar trademarks, as well as CD - the logo of Christian Dior - and those of other famous brands.

Plant Patents are the way we protect new plant varieties developed by plant breeders. Hybrid tea roses, Silver Queen corn, Better Boy tomatoes are all types of plant patents.

Trade Secrets are information that companies keep secret to give them an advantage over competitors. Sometimes it is preferable to keep the information in secret rather than to exchange it in return for the exclusive rights granted under a registered patent. The formula for Coca-Cola is the most famous trade secret in the world.

How to register a patent

A good idea is as valuable as a piece of machinery but knowing how to protect it can be harder. Taking out a patent allows you to stop other people from making, using or selling your invention without your permission. Once a patent is granted it can be bought, sold or hired like any other asset. A person might consider applying for a patent if he/she invented a new part or an innovative product; a way of making something - for example, a new plastic molding technique; new equipment used in an industrial process; a new drug; a new use for a product.

Is it worth applying for a patent?

Before applying for a patent it's wise to assess whether the invention has the potential to make an application worthwhile.

How to apply for a patent?

It's advisable to consult a skilled patent attorney before starting the process. There are some options which should be considered before filing the application for the registration of a patent.

The Israel Patent Office, affiliated with the Israeli Ministry of Justice, handles issues related to Intellectual Property rights in Israel, including patents, designs, trademarks and appellations. Its principal function is to enable the protection, in Israel, of industrial property by the granting of patents and the registration of designs and trademarks, to those deserving that protection in accordance with the relevant laws.

To put some of this information into perspective, we can take as an example something already mentioned, the famous brand of Coca-Cola: A Coca-Cola bottle or can represents a variety of IP rights owned and managed by the Coca-Cola company: the brand Coca-Cola is a registered trademark, the slogans and designs may also enjoy copyright protection, the uniquely shaped bottle is registered as a three dimensional trademark, the formula is a trade secret, and lately Coca-Cola uses cans which may be opened easily using a patented method to open cans.

Israel is indeed an 'innovation country' with the highest density of startup companies in the world. It is one of the leading countries in the world for patent applications and is ranked 4^th in the world in patent applications in the USA. 

Haim Hefer, laureate of the Israel Prize in 1983 for Hebrew song (words) for his contribution to the music of Israel who died recently, wrote a song about the innovative Jewish mind which "invents patents".

Adv. Orit Gonen has an LL.B. degree from Tel Aviv University (1982) and is a member of the Israeli Bar Association. She is also a licensed Mediator since 2000.