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Dutch to English translations [PRO] Law: Patents, Trademarks, Copyright | | Dutch term or phrase: verweer door de voorzieningenrechter afgewezen | Zoals aangehaald in de conclusie van repliek was XXX al eerder in een vergelijkbare procedure betrokken. In die procedure ging het om gebruik van liedjes van ccc door XXX, zonder dat de auteursrechten op de liedjes waren geregeld. Ook daar voerde XXX het verweer dat het geen de musical betrof maar slechts een “concertante-uitvoering”. *Dat verweer is door de voorzieningenrechter afgewezen*.
MTIA,
Iris |
| Iris70KudoZ activityQuestions: 456 ( 2 open) ( 3 without valid answers) ( 3 closed without grading) Answers: 155
| Local time: 06:18
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| | That plea (or: defence) was dismissed by the judge who granted the preliminary ruling | Explanation: I can only think this refers a judge (or court) that granted a preliminary ruling on the matter.
In the US it's a "preliminary injunction judge/court" if your text is for the US market.
This could have been what is termed in other legal systems a "rule nisi" (i.e. an order that is granted and then is confirmed or dismissed after interested parties have been given a chance to representations by a certain date)
I'd suggest go back through your text and see if there is a refernce to some form of earlier/provisional/preliminary ruling that had to be considered at this point for this to make sense.
-------------------------------------------------- Note added at 53 mins (2005-03-16 09:54:12 GMT) --------------------------------------------------
Just as background:
A provisional ruling (or rule nisi) is often given in urgent matters to grant temporary relief pending a final hearing once all interested parties have been given a chance to state their case. |
| Selected response from:
Lawyer-Linguist Portugal Local time: 04:18
| Grading comment Thanks, nice and concise! 4 KudoZ points were awarded for this answer |
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| Discussion entries: 0 |
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Automatic update in 00:
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50 mins confidence:  peer agreement (net): +1 This defence / plea was rejected in an interlocutory
Explanation: judgment.
-------------------------------------------------- Note added at 1 hr 0 min (2005-03-16 10:01:26 GMT) --------------------------------------------------
http://legal-dictionary.thefreedictionary.com/Judgment
25. An interlocutory judgment, is one given in the course of a cause, before final judgment. When the action sounds in damages, and the issue is an issue in law, or when any issue in fact not tried by a jury is decided in favor of the plaintiff, then the judgment is that the plaintiff ought to recover his damages without specifying their amount; for, as there has been no trial by jury in the case, the amount of damages is not yet ascertained. The judgment is then said to be interlocutory.
| xxxjarry South Africa Local time: 05:18 Native speaker of: English PRO pts in category: 20
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