New products that are successfully adopted in the US, the dominant market of today’s international consumer culture, are often coveted—and copied–worldwide. The temptation to produce and sell counterfeits, which defraud consumers as well as developers, manufacturers and distributors of genuine products, is great. By registering a US design patent our clients protect themselves and their investment in products and designs, and establish the option of taking legal action to restrain unlicensed producers counterfeiters who infringe their patent. While US design patents are often considered less prestigious than utility patents or even trademarks, a registered design patent establishes barriers to entry that protect the investment of the design patent’s owners and licensees.
For almost 20 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.
Because our main offices are in Israel, our workdays overlap with our clients’ in both Europe and the Far East; and since Israel’s work week begins on Sunday, we can file our clients’ design patent applications when most of the world is still enjoying the weekend.
Modern Israel has for many years served as an active trading hub for products from all over the world, as well as a center of original and innovative product design. For almost 20 years we have been active in registering designs in Israel for products ranging from hi-tech devices to mechanical implements, diamonds to automobiles, and pharmaceutical products to snacks. Israelis seek out the latest, best and most original products, regardless of origin. With this fact in mind, our design clients come from the US, the Far East and Europe as well as Israel, and from virtually every other corner of the globe.
The ‘rest of the world’ covers many markets whose design laws are, unfortunately, the least standardized of all IP laws. Design law and practice varies among different countries to the extent that some countries rigorously examine designs for novelty and obviousness, while examinations in other areas are optional or entirely theoretical only, and still others do not include examinations in their registration process at all. In some jurisdictions registered design rights are limited to only 10 years, while in others they can be maintained for up to 25 years. Maintenance fees are payable in some jurisdictions but not others, and may be payable on an annual or periodic basis. Different types of drawings may also be required, depending both on the type of product and the jurisdictions in which registration is sought.
Over the past nearly 20 years we have assisted clients in protecting their overseas marketing operations in dozens of jurisdictions by registering design rights in relevant locations, in a suitable manner. Similarly, we have advised clients regarding variations on designs whose registrations are due to expire in some jurisdictions long before they expire in others, in order to maintain protection continuity and facilitate significant long term, commercial agreements.