ISRAEL Law and Practice Contributed by: Eran Bareket, Reinhold Cohn Group
2.7 Interim Injunctions Preliminary remedies are available in the Israeli legal system, these include: • preliminary injunctions; • Anton Piller–type search-and-seizure orders; • receivership orders; • attachment (lien) orders; and • other interim reliefs. In addition, the court has the power to grant any appropriate remedy under case circumstances. A preliminary remedy is typically requested simultaneously with, or shortly after the filing of, the statement of claims. The court may grant a preliminary remedy prior to filing the statement of claims if it is found that such a measure is justified in the circumstances, in which case the claim must be filed within seven days or as pre- scribed by the court. Requirements In order to receive a preliminary remedy, the applicant must show that immediate intervention by the court is needed to preserve the status quo and to prevent irreparable harm. The applicant must also show that it has a prima facie case and a reasonable chance of proving it. The court will also consider whether the preliminary rem- edy is just and appropriate in the circumstances. In the court’s decision to grant a preliminary remedy, and regarding the type, span, and con- ditions of the preliminary remedy, the court con- siders, inter alia: • whether the balance of convenience is in favour of the applicant – ie, the harm that might come to the applicant should the preliminary remedy not be granted, versus the harm that might come to the responder
waive the requirement of security for costs for residents of the other contracting country). It should be noted that in an opposition proce- dure before the Registrar of Patents, the oppo- nent is deemed to be the plaintiff and may, there- fore, be required to provide security for costs. 2.6 Legal Representation Representation before courts and the Regis- trar is not mandatory and parties can represent themselves in proceedings. Nevertheless, repre- sentation is highly recommended. Representation before courts is done solely by attorneys-at-law licensed by the Israeli Bar Association. In addition, patent attorneys may, by leave of court, argue in court on non-legal matters related to an invention or a patent, pro- vided that the opposing party’s attorney-at-law is present. In proceedings before the Registrar of Patents, the party may also be represented by a licensed patent attorney. Following a recent amendment to the Bar Asso- ciation Law, foreign lawyers may represent cli- ents in Israel in a limited capacity, namely by counselling on the laws of the foreign jurisdiction where the foreign lawyer is certified and draft- ing documents to which the law of that foreign jurisdiction applies. Accordingly, foreign lawyers are not permitted to represent or counsel clients regarding patent infringement litigation in Israel. Foreign lawyers licensed to represent a party or interrogate witnesses on behalf of a party in a foreign jurisdiction may actively take part in proceedings before an Israeli court for the taking of evidence pursuant to a foreign state’s letter of request in accordance with the Mutual Legal Assistance Between Countries Law, 1998.
261 CHAMBERS.COM
Powered by FlippingBook