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Information Technology

Israel

In a recent landmark decision the Court for Administrative Affairs in Tel Aviv held that the police had no authority to order internet service providers to block access to gambling websites. The court argued that such internet censorship would amount to an infringement of the public's constitutional right to freedom of expression, and its derivative right of access to information.

Ten years after the enactment of the Electronic Signature Law 2001, electronic signatures are still poorly adopted in Israeli e-commerce. This slow adoption may be attributed to various factors, including the law and the regulation that followed. Clearing the way to a wider introduction of e-signatures and the benefits that they carry must therefore include amendments to the law and more flexible regulation.

Following long discussions over the past few months and after considering privacy and security concerns, the Justice Ministry - through the Law Technology and Information Authority - has released its conditional permit for Google to operate Street View in Israel. The authority has stated that permission to operate Street View is subject to certain conditions, aimed at maintaining the rights of the Israeli public.

New regulations and orders introduced by the Ministers' Committee for Biometric Applications have paved the way for a two-year trial period for the issuance of biometric identification documents (IDs). The IDs will contain encoded fingerprints and a facial image, and will be stored in a national database. A campaign led by privacy activists against the controversial database has thus far failed to yield a positive result.

A class action recently brought before the Tel Aviv District Court that claimed most auction websites in Israel adopted fraudulent practices has failed, leaving the plaintiffs to pay unprecedented sums to the defendants. The plaintiffs have already announced that they will appeal the ruling. Considering the damages they were made to pay and the harsh wording of the court's findings, they have nothing to lose by appealing.

In a 91-page opinion the National Labour Court recently laid down a clear set of rules regarding an employer's right to monitor its employees' email messages and other employee uses of workplace IT systems. The rules impose severe restrictions on employers' rights, subsequently calling for employers to consider modification and reform of their employee privacy policies.

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Intellectual Property

Israel

The Tel Aviv District Court has ruled that a subsidiary company owned the copyrights of the software that it developed, despite the holding company's claim that it financed the software's development. According to the judge, the holding company's claim of an oral agreement did not qualify as a legally binding transference.

A recent ruling by the Supreme Court which introduces the concept of contributory infringement into Israeli law is widely welcomed. The decision represents an important step in the development of Israeli patent law and provides patent holders with a new and powerful tool for enforcing their rights.

Recent amendments to the Israeli Trademark and Customs Ordinances enable customs authorities to stop suspicious shipments containing counterfeits of registered marks in Israel and prevent them from entering the country.

In Merck & Co Inc v Unipharm Ltd the judge rejected an unjust enrichment claim, distinguishing between the facts of the case and the precedent set by the Supreme Court in the ASIR Case.

Including: Trademarks; Copyright; Patents.

The deputy registrar of patents has decided to permit the applicants of pending patent applications to apply for a term extension within the 60-day period following the issuance of their patents, if and when they are issued.

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Telecommunications

Israel

The Ministry of Industry, Trade and Labour recently published a memorandum of law that aims to combat unwanted charges in mobile phone bills attributed to either internet transactions or acquisitions of mobile content services, mostly by minors. The memorandum is awaiting public comment before being brought before the Israeli Parliament (the Knesset) as a government bill and voted into law.