Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeEnablement requirement of essential patent for blue LED confirmed
International Transactions and Dispute Resolution
JAPAN – Enablement requirement of essential patent for blue LED confirmed ABE & Partners Osaka Takanori Abe Since it was invented by Thomas Edison in 1879, the incandescent filament lamp had played the leading part in the illumination field for more than a century. However, in the 1990s, Nichia Corporation made a breakthrough by succeeding […]
An employee who after termination contracts suppliers and clients with whom the employee worked may be breaching the duty of loyalty and be required to pay the employer damages
Dispute Resolution
Labor Law and Immigration
Commercial, Banking and Financial
An employee terminated her employment with a company, opened a competing business and contracted suppliers and clients of the company. The National Labor Court held that the constitutional provisions of the Basic Law: Freedom of Occupations enable a person to work in any position or occupation if this is not prohibited by law. To argue […]
Forced acquisition is a viable remedy upon showing of oppression due to loss of faith among shareholders
Business, Corporate and Joint Ventures
Dispute Resolution
An owner of a third of the shares of a company filed a claim on the grounds of oppression due to loss of confidence between shareholders, inter alia with respect to ceasing to repay a loan that he took for the company, ending his tenure as chairman of the board of directors and professional manager […]
A company that is sued and files a counter-claim will be required to deposit security for costs unless it can show financial robustness and liquidity
Business, Corporate and Joint Ventures
Dispute Resolution
A group of defendants filed a counterclaim against the claimant. The claimant demanded that they deposit a security for her costs. The Court held that when the claimant, including a counter-claimant, is a company with limited liability of the shareholders the general rule is that the company will deposit a security for costs. A company […]
Not any contribution to an architectural work will be copyright protected
Commercial, Banking and Financial
Dispute Resolution
Copyright, Trademarks Media and Artists
An architect filed a lawsuit for copyright infringement for using her designs for a memorial without her permission and without giving her credit for her contribution to the project. The Court held that in order to determine the existence of copyright of an “architectural work”, the following criteria must be reviewed: a. Source test – […]
A Contractor ignoring notices from assets owners to fix deficiencies may loose its right to fix them by itself
Dispute Resolution
Real Estate
Apartment’s owners filed a lawsuit against the contractor for compensation for the many deficiencies discovered in the assets. Despite numerous letters and messages served by the tenants on the contractor the contractor ignored them and did not fix the deficiencies. The contractor argued that it wishes to fix the deficiencies by itself, and because that […]
The right to receive credit – boundaries of reasonable and acceptable
Commercial, Banking and Financial
Copyright, Trademarks Media and Artists
Israeli law grants the creator of a creation ‘moral right’ to receive credit for the work to the extent and scope appropriate under the circumstances. The question is what will be considered as the proper extent and scope under the circumstances? When broadcasting a song, for example, is there an obligation to list all those […]
A company may act for the benefit of the group of companies in which it is a member in addition to the benefit of the company but not instead of it
Business, Corporate and Joint Ventures
Dispute Resolution
A Court appointed officer sought to cancel a transaction of a company in which it gave securities to debts of another company in the group of which it was a member, arguing that it was not for the benefit of the company but to the benefit of another company in the group and because it […]
