The purposes underlying the invention issue were explicitly detailed in Regulation 158(a) of the New Regulations, which states as follows:
"The purpose of the invention is to bring to the attention of the recipient the content of a document that is required to be in his knowledge, and for the purpose of the first statement of claim that is submitted - also to apply to the defendant the authority of the court."
An invention by virtue of Regulation 163(c) will be possible when the representative on behalf of the foreign defendant represents him in Israel in connection with the "matter" that is the subject of the lawsuit, when the relationship between the representative and the defendant is permanent and continuous.
AS THE SUPREME COURT (THE HONORABLE JUSTICE RONEN) EMPHASIZED IN THE MICROSOFT CASE, [CIVIL APPEAL AUTHORITY 7165/23 FAST CORPORATE LTD V. MICROSOFT ISRAEL LTD. [NEVO] (DECEMBER 14,2023)] THESE TESTS REQUIRE CONCRETE APPLICATION, AND IN PRACTICE, THE QUESTION OF WHETHER A CERTAIN PERSON IS A REPRESENTATIVE OF A FOREIGN DEFENDANT IN THE MATTER OF A CLAIM THAT THE PLAINTIFF WISHES TO PROVIDE TO HIM IS NOT ALWAYS CLEAR, AND IT DEPENDS ON THE INTERPRETATION THAT MUST BE GIVEN TO EACH OF THE AFOREMENTIONED CHARACTERISTICS.
In the judgment in the Microsoft case, the Supreme Court discussed the rationale underlying the rules for applying jurisdiction to a defendant located outside the territorial territory of the state, according to which due to the developed and complex international relations in the modern world, rules have developed that enable the application of the jurisdiction of the courts in the country to defendants located outside its territory as well, and the subordinate legislator outlined two avenues for the purpose of acquiring international jurisdiction on the basis of invention: Invention within the borders of the State - where most of the provisions in this channel are set forth in Regulation 163 of the Regulations, and invention outside the boundaries in accordance with Regulations 166-167 of the Regulations.