And even if we apply the Commercial Torts Law, the defendants still have two defenses by virtue of it: justified use due to public policy that was at risk of the Corona pandemic (according to section 7(a)(2) of the law); and knowledge during work that turned into professional skills (according to section 7(a)(1) of the law)).
- Another reason why the claim is futile is that the assignment of rights underlying it is defective. Therefore, plaintiff No. 4, RW, has no right of action against the defendants.
44. In addition, responsibility should not be attributed to the Negev Company or the University. Prof. Seroussi's intellectual property rights were passively accepted by virtue of their status, and not because of any active act they committed. These defendants cannot be held liable in view of their being his employers. The plaintiffs' claim of unlawful enrichment of the university in goodwill should also be rejected.
45. So far the corridor and from here to the lounge.
Discussion and Decision
- The focus of the lawsuit is the plaintiffs' claim of theft of their trade secrets. Against this background, we should focus our attention on section 6 of the Commercial Torts Law, which states:
- Stealing a trade secret
(a) A person shall not steal another's trade secret.
(b) The theft of a trade secret is one of the following:
(1) Taking a trade secret without the consent of its owner by improper means, or using the secret by the taker; In this regard, it does not matter whether the secret was taken from its owner or from another person in whose knowledge the trade secret is known;
(2) Use of a trade secret without the consent of its owner when the use is contrary to a contractual obligation or a duty of trust imposed on the user towards the owner of the secret;
(3) Receipt or use of a trade secret without the consent of its owner, when the recipient or user knows or is apparently apparent, at the time of receipt or use, that the secret has been transferred to him in a manner prohibited by paragraphs (1) or (2), or that the secret has been transferred to any other person in such prohibited manner before it reaches him [emphases added].