Last Updated October 14, 2019

Law and Practice

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Gilat, Bareket & Co., Reinhold Cohn Group is the leading intellectual property consulting firm in Israel and offers a broad range of related services and expertise, including protection, asset management, due diligence, litigation and legal services. The firm operates in all areas of IP, such as patents, trade marks, designs, copyrights, open source, plant breeders' rights, etc. The group includes the patent attorneys firm Reinhold Cohn & Partners and the law firm Gilat, Bareket & Co., which specialises in litigation and the legal protection of intellectual property rights in patents, technology, brands, designs, creative works and inventions. Gilat, Bareket & Co. employs 24 attorneys at law, several of whom also hold academic degrees in sciences. Key practice areas include filing suits for patent infringement in courts, representing clients before the Patents Registrar, rendering opinions regarding infringement and freedom to operate, and counselling on service intentions. The author would like to thank Keren Lindenfeld and Tomer Rosenfeld, present and past associate attorneys of Gilat, Bareket & Co., Reinhold Cohn Group, for their assistance.

There are no prerequisites (such as warning letters or engaging in mediation) for filing a lawsuit. Only the patentee and an exclusive licensee may file an infringement lawsuit. All co-patentees (and the exclusive licensee, if exists) must be joined as parties to an infringement action in order to have standing to sue.

For court fees for filing a lawsuit, see 8.2 Calculation of Court Fees.

Thus, in large-scale cases the court fees may reach significant amounts. The usual practice is to indicate merely a nominal amount for court fees; however, at the damages phase of the trial, the court fee for the full amount of the damages sought must be paid. One half of the court fees is paid as a condition to filing the lawsuit. The second half is payable before the trial date.

At the defendant’s request, the court may require the plaintiff to provide security for costs. Where the plaintiff is a limited liability company, the burden is on the plaintiff to prove that he or she is able to bear the costs if they are awarded against him or her. In the absence of such proof, the court will be inclined to order a security for costs. However, the court may not require a security if appropriate, having regard, inter alia, to the strength of the plaintiff’s case.

Where the plaintiff is an individual, although formal power to require security for costs exists, the court will usually refrain from making an order. However, where the individual plaintiff is a foreign resident lacking assets within the jurisdiction, the court will be inclined to issue an order (unless the plaintiff is a resident in a country that is party to a treaty with Israel in which the Israel agreed to waive the requirement of security for costs for residents of the other country).

Gilat, Bareket & Co., Reinhold Cohn Group

26A Habarzel Street
PO Box 13136
Tel-Aviv
Israel
6113101

+972 3 567 2000

+972 3 567 2030

info@gilatadv.co.il www.rcip.co.il/en/gilat-bareket/
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Author



Gilat, Bareket & Co., Reinhold Cohn Group is the leading intellectual property consulting firm in Israel and offers a broad range of related services and expertise, including protection, asset management, due diligence, litigation and legal services. The firm operates in all areas of IP, such as patents, trade marks, designs, copyrights, open source, plant breeders' rights, etc. The group includes the patent attorneys firm Reinhold Cohn & Partners and the law firm Gilat, Bareket & Co., which specialises in litigation and the legal protection of intellectual property rights in patents, technology, brands, designs, creative works and inventions. Gilat, Bareket & Co. employs 24 attorneys at law, several of whom also hold academic degrees in sciences. Key practice areas include filing suits for patent infringement in courts, representing clients before the Patents Registrar, rendering opinions regarding infringement and freedom to operate, and counselling on service intentions. The author would like to thank Keren Lindenfeld and Tomer Rosenfeld, present and past associate attorneys of Gilat, Bareket & Co., Reinhold Cohn Group, for their assistance.

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