Posts by Doron Afik

A machine cannot be considered an ‘inventor’ under the Israeli Patent Law because it is not a human being

News
A patent application was filed as part of an international project aimed at formulating policies for granting intellectual property rights to inventions created by artificial intelligence.  The application stated that the applicant for the registration of the invention is the representative of…

A business partnership requires substantive intent to partner and participation in the venture’s risks

News
A business consultant claimed to be a partner in a business venture of an industrial design company and demanded access to financial data and a share of the profits. The Court rejected the claim regarding the existence of a partnership and held…

The use of a work for political propaganda purposes without the creator’s consent constitutes copyright infringement

News
A candidate for the mayor of Kfar Saba used the song “Siba Tova,” composed by Matti Caspi, in a political campaign video distributed on social media without authorization from the composer and without approval or payment of royalties to ACUM (Society of…

The Thirty Years’ Contract War – The End?

News
In the Thirty Years’ War waged in Europe between 1618 and 1648, millions of people lost their lives; it ended with the Peace of Westphalia, and until World War I, it was considered the most destructive war in history. In contrast to…

Registration of a word mark with knowledge of a competitor’s prior use is liable to be expunged due to bad faith

News
A company registered the name “Mazor” as a non-stylized word mark, despite knowing that another company had been using the name commercially for several years. The IP Adjudicator ordered the expungement of the trademark from the Register.  The registration of a trademark…

The realtor’s responsibility does not include in-depth legal and planning examinations or the clarification of contractual termS

News
Purchasers of agricultural land plots claimed that the realtor who also served as the transaction’s marketing agent, along with others, concealed from them the existence of a clause in the lease agreement with the Israel Land Authority.  This clause allowed the state…

In strict liability offenses, an officer will not be held liable if he acted by reasonable means to prevent the offense

News
Several officers of a corporation were charged with various breaches of fiduciary duty due to the operation of a pirated waste disposal site without a license and without proper infrastructure, while causing severe environmental hazards. The Court held that only some of…

Eviction of a licensee: Can the license become irrevocable?

News
As asset owners or as veteran possessors, the question frequently arises: What is the legal status of one who holds real estate “by license” or “by permission” and not by virtue of a lease agreement or ownership?  These are common situations, ranging…

Improper Aircraft “Dry” Leasing and Other Illegal Charter

News
One of the most confusing issues facing business and general aviation aircraft operators is the question of whether they can operate their aircraft solely under the Federal Aviation Administration’s (FAA) general, or noncommercial, operating rules, or whether they must also obtain certification…

Contractual liquidated damages that are above 10-15% of the contract value may not be enforced

News
A Seller of rights in a plot (acquired from a receiver) undertook to complete the recording of the rights in his name within 40 days but the recording was affected only after six years.  The purchasers demanded the full liquidated damages stipulated…