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con atribución en propiedad a la actora del producto defraudado...

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11:10 Feb 17, 2005
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: con atribución en propiedad a la actora del producto defraudado...
Se condena a las demandadas a retirar del mercado a su costa el referido producto, con atribución en propiedad a la actora del producto defraudado para su destrucción.

(Court ruling). I'm having trouble with this sentence, particularly with the "con atribución en propiedad a la actora del producto defraudado para su destrucción" part. Any suggestions? Thanks a lot.
EDRD
Local time: 19:31
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Summary of answers provided
4 +1with assignment of [copy]right for the infringed product to plaintiff for its destructionJane Lamb-Ruiz
4 +1the plaintiff being thus declared the legal owner of the infringed productRebecca Jowers


  

Answers


7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
con atribución en propiedad a la actora del producto defraudado...
the plaintiff being thus declared the legal owner of the infringed product


Explanation:
I believe the whole phrase could be translated as "the defendants are hereby ordered, at their own cost, to withdraw the aforesaid product from the market so that it may be destroyed, the plaintiff being thus declared the legal owner of the infringed product." Although I agree that there isn't enough context to know what type of intellectual property infringement is involved, I would assume it is a case of trademark infringement rather than copyright, given that the ruling refers to "producto" rather than "documento", "texto," "publicación", etc. I don't believe this could refer to an assignment of a trademark (or other piece of intellectual property) since in "first-to-file systems" such as Spain and most South American countries, if the judge finds for the plaintiff ("actora") it is because that person already holds title (i.e., has registered) the TM, or whatever. Thus, the defendants (who are infringers and are using the mark illegally) couldn't possibly be in a position to assign the intellectual property rights in the product to the plaintiff, who is the lawful owner and would be the only one with standing to bring an infringement action in that regard.

Rebecca Jowers
Spain
Local time: 19:31
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2050

Peer comments on this answer (and responses from the answerer)
agree  Ana Brause
602 days
  -> Muchas gracias, Ana!
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
con atribución en propiedad a la actora del producto defraudado...
with assignment of [copy]right for the infringed product to plaintiff for its destruction


Explanation:
infringement of
- Copyright or
- intellectual property rights or if one of these
- trademark....

...hard to tell...not enough context..it depends on what kind of ''property" the case is about..

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Note added at 9 hrs 18 mins (2005-02-17 20:28:40 GMT)
--------------------------------------------------

the assinging of rights here to the counterfeit or illegal product is being done by the judge or the court..of course not by the defendants...the assignment is by the Court [emphasis]

Jane Lamb-Ruiz
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 676

Peer comments on this answer (and responses from the answerer)
agree  Egmont
22 mins
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