אסדרת פעילות הסייבר בישראל – הקמת מרשם לאומי של העוסקים בתחום ופרסום טיוטת צו הפיקוח על מוצרי סייבר
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TRADEMARK PROTECTION IN TURKEY
IS MY TRADEMARK PROTECTED BY THE LAWS? Turkeyis a state of Paris Convention. As a result of this participation the general outline of the regulations and principals regarding the IP rights is the same as in many other signatory countries. The trademark rights are protected both…
The Duty of confirming a Statement of Claim against a Palestinian Importer was handed – Not in All C
Adv. Gill Nadel, Shay Babay It is common knowledge that a defendant has a right to defend his or her self against the claim filed against them but in order to execute this right, the plaintiffs must make sure that the statement of claim was received by the defendants. But what…
Who Should Pay For The Storage and Distruction of Forged Goods? The court settles the Matter.
Adv Gill Nadel When the customs authority detains a shipment on the grounds of it containing forged goods and violating trademarks, the customs authority, as a routine, demands from the foreign manufacturer or official importer to deposit a bank collateral and file a claim…
What’s New In Our Offices
* Adv. Gill Nadel is heading a seminar on international trade laws, as part of MBA program in the Business Management College.*Adv. Gill Nadel lectured to Jerusalem District Attorneys on import tax. * Adv. Gill Nadel lectured in a seminar of the Export Institution on the…
Are Damages Caused By Dampness as a result of rain should be considered as force majeure? The Court
Adv. Gill Nadel, Keydar Halaly Recently, the Supreme Court rejected an appeal for a verdict of the District Court, in which it was decided that a taxi driver owed damages on a cargo he delivered. The facts of the case: A medical equipment company ordered services from a customs…
What Guarantee Should An Intellectual Property Rights Owner Give As Collateral For Delaying Violatin
Adv Gill Nadel Different laws allow defendants to ask the court to oblige the plaintiffs to give collaterals for court expenses. For example, according to the customs order, when a company sues an importer whose shipment was caught by customs in suspicion of importing fake goods…
An International Forwarder Will Compensate an Importer of Damages Speakers, Even though They Weren’t
Adv. Gill Nadel, Adv. Omer Wagner. Recently, a verdict was handed down by the court for small claims in Tiberias, which obliged an international forwarder to compensate an importer of speakers from Chinese, since the goods got wet and were damaged. The court rejected the…
How Far Does the Responsibility of a Seller stretch Under theFOB Terms?
Adv. Gill Nadel, Adv. Omer Wagner The term “FOB” is a known term in the International Trade Law, and its meaning is that when someone who sells goods (an exporter) arranges the uploading of goods on the vehicle, his responsibility for the goods ends at that stage and passes on…
Is the customs agent the address for receiving statement of claim against an importer? Another Verdi
Adv Gill Nadel, Adv Omer Wagner At the end of October, a verdict was handed down in which it was decided that in certain circumstances it was possible to hand in a claim filed by foreign companies against a Palestinian importer to the customs agent of the importer, providing it…
Does an importer need to pay even when he receives damaged goods/ the court gives its verdict.
Adv. Gill Nadel, Keydar HalalyLately, the Magistrate court of Tel Aviv rejected a financial claim of an American exporter who exports sunflower seeds, against two Israeli companies. The claim dealt with partial payment given to the exporter by the two companies. The facts of the…
Whats New In Our Offices
Custom Matters and Levies The import commission accepted our clients request and lowered significantly their fine on not marking their transportation products. The custom authority accepted once more our client’s (private importer’s of vehicles) stance, and cancelled changes it…
Do We Have A Deal? Settling The Bill Between Customs Agents And Their Clients
Adv. Omer Wagner, Adv. Gill Nadel In the course of business relations between an importer/ exporter and their customs agent, there is an ongoing financial negotiation which generally is not based on a written contract. Many times, these situations end up in court, which has to…
An Airline Company Will Compensate A Passenger For Damages Caused To Him, Due To A Delayed Flight
Adv. Gill Nadel, Keydar Halali Lately, a lawsuit was referred to the Small Claims Court in Tel Aviv by a passenger suing an airline company for damages caused to him after delaying his flight. The facts of the case: The passenger booked a flight from London to New York at…
Filing A Claim In Israel By A Foreign Company – When Is It Obligated To Deposit Guarantees?
Adv. Gill Nadel Many times foreign companies file lawsuits in the Israeli courts. In these situations often the defendants ask the court to force these companies to deposit a certain sum at court, which will be used as a guarantee for the legal expenses in case the claim is…
A violation Or Not? The supreme Court Decides On A Case Concerning Journalism In The Russian Lang
Adv. Gill Nadel, Keydar Halali Lately a verdict on an appeal was given by the Supreme Court on a case that dealt with intellectual property (trade marks, passing off) between two newspapers distributers in Russian . The facts of the case: Mr Boris Gail started in 1996 to use the…
Do Four Stripes On Sports Shoes Violate Adidas Trade Mark? Opposing opinions
Adv. Omer Wagner, Adv. Gill Nadel In the middle of December a verdict was given by the District Court of Tel Aviv (2177-05 Adidas-Salomon versus Gelal Yassin, Judge Agmon-Gonen) according to which imported sports shoes with a four diagonal stripes, do not violate the Adidas’…
An International Forwarder Seized A Sum Of 900,000 NIS From His Client
Adv. Gill Nadel, Keydar Halali Many International forwarders give their clients (importers, exporters) credit so that they can manage their fluent activities. From time to time the credit given grows, and the client fails to pay his debts back on time, which leads the forwarder…
- Passing on the Tax- A New Decision Eases Conditions For Importers
Adv. Omer Wagner, Adv. Gill Nadel As we know, when an importer seeks to file an action against the Customs Authority for tax return which was previously over paid ( in customs duties or purchase tax), there are many ways to do so, one of them by proving he did not pass on the…
. A Dog Importer Will Compensate the "Let Animals Live” Movement
Adv. Gill Nadel, Kedar Halali Recently, the court obliged an importer of puppies from Uzbekistan to pay over 100,000 NIS to the "Let Animals Live" (Tnu L'Chayot Lichyot) foundation, for various expenses that the foundation bore after the puppies were imported to Israel. The…
. Amendments On The ADR and RID Treaties Regarding Carriage Of Dangerous Goods In Trucks and Trains
Adv. Ro'I Azrad, Adv. Gill Nadel On the 1st of January 2011, amendments to the following existing amendments will enter into effect: 1. ADR - European Agreement concerning the International Carriage of Dangerous Goods by Road. 2. RID - Regulation concerning the Carriage of…
The Journey of Briefs of Claim Outside of the State of Israel
Adv. Gill Nadel, Keydar Hallay A decision was recently issued by the Central District Court ruling that under special circumstances, serving a brief of claim to a Palestinian importer via his customs agent will be acceptable service of papers. The facts of the case and the…
The Boundaries Of The Ability To Receive Information From A Public Authority
Adv. Gill Nadel, Shai Babai As a rule, administrative authorities, including the Taxation Authority, are subject to the Freedom of Information Act which broadly provides that every Israeli citizen or resident has the right to request and receive information from a public…
Is There A Limit To An Interest Rate? The (ongoing) Debate Between A Customs Agent And An Importer
Adv. Gill Nadel, Adv. Omer Wagner The facts of the case and the claims of the parties: A customs’ agent filed an action for around 230,000 NIS against the Markel Stav Corporation (importers) for an alleged debt for customs agency services, credit, and financing. The action was…
