2018 Review of Israeli Intellectual Property Law

In recent years Israel has been described by many as the ‘Start-Up Nation’. With its rapidly growing high-tech sector and innovation-driven industries, Israel is faced with the challenge of balancing between an increasing level of protection of intellectual property and the free flow and use of information as a driving force for further development. In […]

Overall Appearance is the Determining Factor in Passing Off Cases

The Oxford Academic Journal of Intellectual Property Law & Practice published an article by LMA team members Yedidya (Didi) Melchior and Fanny Eshkenazi  titled “Israeli Supreme Court holds that overall appearance is the determining factor in passing off cases”. The article discusses a judgment of the Israeli Supreme Court in Request for Civil Appeal 1521/18 Chain […]

Court Approves Removal of Share Transferability Restriction

In Shai Topaz (Yocht) et al vs. Yocht et al, the Economic Department of the Tel-Aviv District Court discussed whether an action of a shareholder would be considered as oppressing another shareholder in a company. In addition, the court explored, under which conditions are shareholders permitted to change the articles of association (the “AoA“)? Moreover, if it […]

Non-Competition Payment Taxed as Income rather than Capital Gain

In Kfar Saba  Tax Assessor V. Yosef Barnea the Supreme Court recently ruled that non-competition clause intakes between employer and employee should generally be taxed as regular income and not as capital gains. The lawsuit deals with the question how should payments of non-competition clause be taxed when given by retirement or termination of employment. The appellees (three […]

Supreme Court Rules Anti-Dilution Provisions are Limited

In HaAma Ltd. V. Orna Muller the Supreme Court recently ruled that an anti-dilution protection mechanism in a founder’s agreement was limited by nature. The lawsuit deals with a founder’s agreement made between the shareholders (the Appellant and the Appellee) , and to which the newly founded company was not a party. In the founders agreement, an anti-dilution […]