https://www.proz.com/kudoz/german-to-english/law-patents/471804-aus%FCbungspflicht.html

Ausübungspflicht

English translation: actually exploit [practice]

15:19 Jul 3, 2003
German to English translations [PRO]
Law/Patents
German term or phrase: Ausübungspflicht
from a know-how agreement:

This is the title with the following beneath it:

"Der Know-how Käufer verpflichtet sich, das Know-how auszuüben."

I understand what it means, but was wondering about the best possible wording.

Danke.
Ron Stelter
Local time: 23:30
English translation:actually exploit [practice]
Explanation:
ausüben a bit odd here unless you use 'practice,' o/w auswerten would do

Could call for a 'warrant' here, too, i.e. "The Know-How Purchaser warrants that it will actually exploit [practice] the know-how."

The background is that sham purchases are not uncommon, e.g. by the front man for a competitor, whereby know-how is acquired just to retire it.


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Note added at 2003-07-04 02:58:42 (GMT)
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Oops. As to heading: \'Duty to Exploit\' will serve.... or Practice
Selected response from:

Maureen Holm, J.D., LL.M.
United States
Local time: 00:30
Grading comment
Thanks, Maureen.

Ron
4 KudoZ points were awarded for this answer



Summary of answers provided
5Undertaking to use the know-how
David Moore (X)
4actually exploit [practice]
Maureen Holm, J.D., LL.M.
3exercise obligation
Narasimhan Raghavan


  

Answers


3 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
exercise obligation


Explanation:
See: Obligation to exercise the right to vote
Under the Constitution, every person has a duty to exercise his or
her right to vote at an election. The person who fails to attend ...
www.ect.go.th/english/national/senate/nat4-7-2.html - 6k - Cached - Similar pages

It seems in this context that the buyer should make use of the knowhow and not let it idle

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Note added at 2003-07-03 15:26:06 (GMT)
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Once the knowhow is used and its benefits seen, the seller will benefit in terms of goodwill and future businesses. If instead the knowhow is bought and kept idle due to the cussedness of the buyer or some other ulterior motive, there will be no remedy for the seller.

Narasimhan Raghavan
Local time: 10:00
Native speaker of: Tamil
PRO pts in pair: 721
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51 mins   confidence: Answerer confidence 5/5
Undertaking to use the know-how


Explanation:
Undertaking to make use of the know-how, undertaking to apply the know-how, any of these might do for starters - there are many more possibilities out there yet!

David Moore (X)
Local time: 06:30
Native speaker of: English
PRO pts in pair: 9672
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11 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
actually exploit [practice]


Explanation:
ausüben a bit odd here unless you use 'practice,' o/w auswerten would do

Could call for a 'warrant' here, too, i.e. "The Know-How Purchaser warrants that it will actually exploit [practice] the know-how."

The background is that sham purchases are not uncommon, e.g. by the front man for a competitor, whereby know-how is acquired just to retire it.


--------------------------------------------------
Note added at 2003-07-04 02:58:42 (GMT)
--------------------------------------------------

Oops. As to heading: \'Duty to Exploit\' will serve.... or Practice

Maureen Holm, J.D., LL.M.
United States
Local time: 00:30
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 986
Grading comment
Thanks, Maureen.

Ron
Login to enter a peer comment (or grade)



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