Date : 12/9/2012 6:03:37 PM
From : "פולינר הווארד"
To : "[email protected]"
Subject : RE: Asa does it again


I thought it had been specifically included, but apparently not. I recall it was discussed during the committee and in preparation meetings. Perhaps if the regulations states - "where the resham is persuaded that ....", then the resham could set policy that he will be persuaded by affidavits. If the regulation is not formed in that manner, then I would tend to agree with you that there is no authority to demand an affidavit.

 

The affidavit requirement is one that Asa and Jackie frequently throw out for discussion and in my opinion it stems from the same cause as do the exaggerated costs that you previously wrote about - weak ego, professional insecurity and obsession to counter act the aforementioned defects by the exercise of arbitrary power. I saw it with Ophir and the other reshamim. The affidavit issue is just an annoyance as it isn't so hard to perform, however the costs issue really does need to be addressed. Complaints should be made to the Bar Association and to the Mancal of Justice. Their costs are inconsistent and higher than the Supreme Court gives.

 

Got back to Israel last night. Am almost recovered from jet lag and 6 hour lay over in Frankfurt. Will probably be back in the office tomorrow.

 

Howard

 


From: [email protected] [[email protected]] on behalf of Daniel Feigelson [[email protected]]
Sent: Sunday, December 09, 2012 12:17 PM
To: פולינר הווארד
Subject: Re: Asa does it again

Spoke with Shimrit on Thursday, who gave me what I consider a bizarre answer: the idea of the rasham requiring a tazhir to provide small entity entitlement was discussed during the adoption process (she didn't say in which forum, but let's assume she meant rotem's committee), so it's clear that the rasham is empowered to require a tazhir even if the takanot don't explicitly state so.  Say what?!  Usually the argument is that when something is discussed but not adopted, that means that it was implicitly rejected.

DJF


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Daniel J. Feigelson
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Read my blog, The America-Israel Patent Law blog, at www.iliplaw.com

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