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rights in and to

English translation: idiomatic wording

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08:05 Oct 31, 2007
English to English translations [PRO]
Law/Patents - Law (general) / Intellectual property
English term or phrase: rights in and to
Hello,

I come across very often phrases like this: "....intellectual property rights in and to the Software shall remain with xxxxx"

and I'm not sure what the difference is between "rights in" and "rights to" the software.

Thank you.

Thanks.
xxxd_vachliot
Local time: 12:16
English translation:idiomatic wording
Explanation:
This is simply legal wording designed to include both idiomatic formulations in English (a sort of 'cover all the bases' wording). A party is said to be granted rights in an item of intellectual property, such as rights of reproduction, performance, exploitation, etc. A party can also be said to have, hold or enjoy rights to an item of intellectual property, such as to right to control how it is distributed or used.

sample usage:

DESIGN PATENT [patent]. A government grant of exclusive rights in a novel, nonobvious, and ornamental industrial design. A design patent confers the right to exclude others from making, using, or selling designs that closely resemble the patented design. A design patent covers ornamental aspects of a design; its functional aspects are covered by a utility patent. A design patent and a utility patent can cover different aspects of the same article, such as an automobile or a table lamp.

GENERIC NAME [trademark]. A word used by most people to name a class or category of product or service, such as "cellular phone." No one person may have trademark rights to a generic name.

http://usinfo.state.gov/products/pubs/intelprp/glossary.htm




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Note added at 3 hrs (2007-10-31 11:25:11 GMT)
--------------------------------------------------

'...such as the right to conrol...'
Selected response from:

Ken Cox
Local time: 11:16
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3idiomatic wordingKen Cox
4rights in and to
Buck


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
rights in and to


Explanation:
the rights in = any rights of third parties included in the software, rights on = right to use the software

Buck
Netherlands
Local time: 11:16
Specializes in field
Native speaker of: English
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
idiomatic wording


Explanation:
This is simply legal wording designed to include both idiomatic formulations in English (a sort of 'cover all the bases' wording). A party is said to be granted rights in an item of intellectual property, such as rights of reproduction, performance, exploitation, etc. A party can also be said to have, hold or enjoy rights to an item of intellectual property, such as to right to control how it is distributed or used.

sample usage:

DESIGN PATENT [patent]. A government grant of exclusive rights in a novel, nonobvious, and ornamental industrial design. A design patent confers the right to exclude others from making, using, or selling designs that closely resemble the patented design. A design patent covers ornamental aspects of a design; its functional aspects are covered by a utility patent. A design patent and a utility patent can cover different aspects of the same article, such as an automobile or a table lamp.

GENERIC NAME [trademark]. A word used by most people to name a class or category of product or service, such as "cellular phone." No one person may have trademark rights to a generic name.

http://usinfo.state.gov/products/pubs/intelprp/glossary.htm




--------------------------------------------------
Note added at 3 hrs (2007-10-31 11:25:11 GMT)
--------------------------------------------------

'...such as the right to conrol...'

Ken Cox
Local time: 11:16
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
agree  xxxcmwilliams
44 mins

agree  Alexander Demyanov
1 hr

agree  Pham Huu Phuoc
1 day21 hrs
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