It's good to know - Article list

By David Wolberg Two recent decisions by the Israeli Courts demonstrate the judiciary’s elaborate interpretation of the Israel Penal Law’s sections relating to gambling and unauthorized games.  The case of Shimon Dabush vs. Connective Group Ltd. et. al. (hereinafter: “Dabush”) demonstrates how elaborately the Courts define gambling.  The case of The State of Israel vs. Shauli et. al. (hereinafter: “Shauli”) demonstrates the Courts harsh view on online gambling.

by David Wolberg, Kuperschmit, Goldstein & Co. General Remarks  Though, generally, sale promotions are legal in Israel, there are many qualifications and restrictions.  Sale Promotions in Israel are governed by a combination of laws, regulations and court rulings. The dominant law in this field is the Consumer Protection Law – 1981 (“CPL”) and its derived regulations.  The CPL provides extensive disclosure obligations.  In addition, there are many obligations and restrictions designed to prevent misleading and confusing consumers, which unfortunately, is often the case with sale promotions.

General – Medicinal Products 1.1 What laws and codes of practice govern the advertising of medicinal products in your country? Advertising of medicinal products in Israel is governed by a combination of laws, regulations and ethical codes. Though the Consumer Protection Law – 1981 (“CPL”) and some of its regulations do not specifically mention pharmaceutical advertisements

January 15, 2019 – Israel's Parliament, the "Knesset," has passed new rules relating to the marketing and advertising of tobacco products.  After months of debate, the rules were approved by Parliament and officially published on January 8, 2019. "The Israeli Parliament is taking dramatic steps to change the smoking habits of Israelis," said David Wolberg, Partner of Kupferschmit & Goldstein in Tel Aviv, Israel. "The new rules are designed to prevent minors from becoming addicted to tobacco."

Stringent packaging and marketing rules to take effect starting next year February 3, 2017 – Israel's Ministry of Health recently announced new rules on the marketing of unhealthy foods. "The Ministry of Health is taking dramatic steps to change the eating habits of Israelis," said David Wolberg, Partner of Kuperschmit & Goldstein in Tel Aviv, Israel.  "After years of debating the issue, the Ministry has decided to push food manufacturers to market healthier foods by forcing them to include negative labeling on their products."

The Israel Supreme Court,  has recently delivered a ruling which limits the capability of a contracting party to determine the jurisdiction.  Often, within standard contracts, companies will compel its customers and/or users to  accept the governing law and jurisdiction.  For example, a company which is based in Germany, will draft a contract which determines that the agreement is subject to the laws of Germany and all disputes must be filed before a German court. Israeli users, when joining Facebook, signed an agreement, determining that all disputes will be subject to the laws of California and must be brought before the courts of California.  Section 15(1) of the agreement determined that:

The Israel Post Authority had been marketing and advertising an expedited service titled “Post 24.” By paying an extra amount of money at post office branches, customers were told that addressees will receive letters within 24 hours. However, not all letters sent via the “Post 24” service reached their destination within 24 hours. For example, the media recently reported that a couple who sent out wedding invitations using the “Post 24” service, later discovered that part of the invitees received the invitations after the wedding. One recipient received his invitation 56 days after its mailing.

Companies are often faced with the dilemma of using trademarks within their advertisements and promotion material. For example: Is a company entitled to advertise the fact that it is marketing Ralph Lauren products, under Ralph Lauren trademarks, without permission from Ralph Lauren? This question has often been dealt with by the Israeli Courts when examining parallel importation. It has long been established that companies are entitled to sell branded goods without the brand owner’s blessing. For example, a “parallel” importer may sell Dyson vacuum cleaners in Israel while competing with the Dyson’s “official” Israeli importer/distributor. Provided, of course that the parallel importer is marketing bona fide Dyson products, in contrast to counterfeit goods. In other words, once Dyson sells a vacuum cleaner, it parts with control over that product, and any vendor may sell it under the Dyson trademark.