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March 2007



Welcome to the Dr. Eyal Bressler & Co. rollout issue, “Israel Legal Review”.
 
In this Issue:
*Message from the CEO, Dr. Eyal Bressler
*Highlights from November IDAN Dental Conference
*Rollout of the firm’s newly expanded website www.bressler.co.il
*Regulatory Update
*Industry News
 
Our goal in this newsletter is to provide to clients, partners and friends a one-stop shop to regulatory, industry and technology news from Israel in a timely and concise format.  Keep in touch with us as we keep you informed of regulatory developments, implications to your business and investment decisions and legal strategies in an ever changing market environment.

Message from Dr. Eyal Bressler & Co.
"Welcome to our first newsletter on the Israeli patent law environment, and welcome to Israel.  2006 was a watershed year for the firm, in which we reached close to 10% market share for local patent registration.  This, while we continue to maintain the “boutique” nature of the firm, which means we enjoy intimate relations with our clients while providing superior quality service.  We are confident that as Israel’s hi-tech economy expands in 2007 we will continue to be there every step of the way for our clients.”

IDAN Exhibition of Dental Products and Equipment
Dr. Eyal Bressler & Co. participated in the recent IDAN exhibition of dental equipment products and technologies at the Tel Aviv Exhibition Gardens.  The event was quite successful giving the firm the opportunity to meet old and new clients.  Says Dr. Shlomo Barak, CEO of Dentack Implants, Ltd, “As a leading developer of dentistry technologies, we are obligated to work with professionals who can maximize our IP potential.  Dr. Eyal Bressler & Co. is one of the few who are truly capable of this.”
 
Dr. Eyal Bressler & Co. Launches its Newly Expanded Website, www.bressler.co.il
Dr. Eyal Bressler & Co. is pleased to announce the upcoming launch of its new site, www.bressler.co.il, reflecting the firm’s expanded activity and drive to increase its external communications.  The firm plans to issue occasional communiqués on topical issues via a series of informative updates, publications and press releases as well as occasional newsletters such as this one.  These communiqués will highlight the firm’s core competence and expertise in the local market for IP patent, trademark, and design registration, along with litigation and IP portfolio management.
 
Regulatory Update: Israel’s Patent Office Declares Method of Promoting Goods and/or Services (i.e. Method of Doing Business) Not Patentable
 
Israel’s Patent Office Registrar, Dr. Meir Noam, ruled definitively in the ongoing discussion regarding the patentability of a Business Process, arguing against the validity of patents that enhance or improve efficiency of the sales process without any technology innovation.  The ruling was in line with precedence in British Common Law (English Patent Act, 1977) and the European Patent Convention (EPC), in which article 1 and 2 state specifically, “(1) European patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step. (2) The following in particular shall not be regarded as inventions within the meaning of paragraph (1): ….c. schemes, rules and methods for…doing business, and programs for computers.”  Moreover, in the case of ‘hybrid inventions’ which partially include an inventive step, it seems apparent that the above ruling would hold.  In discussing various computing systems related to business processes, the ruling from Dr. Noam’s office focuses on the ‘heart’ of the invention, and whether it is related more to a ‘business process’ or a supporting technology process and/or device.  The classic example given is the lottery machines used in Israel, whose clear purpose in their business and statistical design is to bring profit to the patent holder.  Yet, the patent is firmly based on the system itself which generates the lottery ticket, and not its purpose or outcome.

Industry News: Bachar Recommendations Revolutionize Capital Markets
2006 was the year of the Bachar recommendations, which forced banks to sell of their holdings in mutual funds, provident funds and similar assets.  In the hi-tech sector alone, nearly 60 companies were sold to foreign interests for more than $9 million.  At the same time participants in the capital markets were told to invest a greater percentage of their holdings internationally and to begin to diversify their portfolios.

Did You Know?
*One of every three Israeli scientists specializes in the life sciences.  Relative to the size of the labor force, Israel has the highest number of publishing authors in the natural sciences, engineering, agriculture and medicine - the foundations of biotechnology.  Israel's contribution to academic publications in biotechnology represents 1% of world output, carried out by only .001% of the country's population.

*Warren Buffett, in his largest investment outside the U.S., recently spent $4 billion to purchase 80% of Iscar Metalworking, an Israeli company that makes metal-cutting equipment.  It is said that Mr. Buffet’s appetite for further investment in Israel has not yet been satisfied.

*In 2005 Israel’s company tax stood at 34%.  In 2006 it was lowered to 31%.  In January of 2007 it will be lowered to 29%.  In January of 2008 it will fall to 27%, and in January of 2009 to 26%.

*In the three years ending in 2005 Israel had an average growth rate of 4.5%, that despite the war in 2006 which was estimated to have shaven 1% off GNP.

*From 1995-2006, overseas investors poured $11.49 billion into local VC funds to participate in the equity growth of Israel’s hi-tech industry.  In 2006 the hi-tech industry contributed more than 1% to the GNP growth.

*2005 investments in seed companies amounted to 12% of the total invested, and investments in early stage amounted to 24%.  In 2006 and 2007 those levels are expected to increase as a percentage of total investment.

What’s New at Dr. Eyal Bressler & Co.?
Dr. Eyal Bressler & Co. recently expanded its expertise in electro-optics, bringing in Moshe Shacham and Eliezer Beit Din.  Mr. Shacham was previously project manager with ITL, head of the electronics department at Protonics (an El-Op company) and CEO of Galor ScanTech.  Mr. Beit Din was an electro-optics professional with the well-regarded industrial manufacturer Israel Aircraft Industries (IAI).

How We Work With Clients
We are defined as a boutique patent law and attorney’s office, focused on a particularly selective clientele. The office specializes in a number of focused technology areas and is supported by a number of first-rate attorneys and patent lawyers. As such, most of the clients of the office are well known Israeli companies, part of them publicly traded and part of them privately held concerns with dozens of patents, trademarks and designs in their portfolio. We are also working with them to provide a range of legal services in the area of intellectual property, including royalty agreements, technology licensing, joint ventures and related needs.  Parts of our client base are start-up companies holding one or more patents, where we participate in the development of their business strategy (primarily from a research & development perspective).  For the full article published in Globes magazine, visit www.bressler.co.il/clientadv-ep.asp
 
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March 2007