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  3. Law: Patents, Trademarks, Copyright

accounting

14:29 Jul 17, 2015
English to French translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright
English term or phrase: accounting
Re-bonjour,

Toujours dans mon communiqué de presse. Que signifie "accounting" ici ?

Contexte :

"The patent infringer has to respond carefully and seriously to the license offer. If he declines the offer, he must submit a written counter-offer to the patentee in the short term and give security for the royalties. However, if the behaviour of the patent infringer is considered to be purely tactical, reluctant or not serious, an application for injunction on the part of the patentee does not then mean that he is abusing his market-dominating position. Legal action by the patent holder for accounting as well as for damages for past uses of the patent shall of course also not constitute an abuse of a market-dominating position. Whether the respective measures are appropriate is to be decided by the responsible court."

Merci beaucoup !
Virginie JANVIER-LELONG
France
Local time: 23:14


Summary of answers provided
5reddition de comptes
AbrahamS
4 -1rendre compte de
Francois Boye
3répondre de (l'utilisation de la license)
patrickfor
4 -1justifier
FX Fraipont (X)
5 -4en vue de la restitution des profits illicites
Daryo


Discussion entries: 5





  

Answers


15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
rendre compte de


Explanation:
my take

Francois Boye
United States
Local time: 17:14
Native speaker of: Native in FrenchFrench
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
disagree  Daryo: it's more that just that
5 hrs
neutral  Germaine: Je viens de lire votre commentaire à Abraham et je me demande comment vous comprenez "rendre compte": to be accountable? ou to report?
13 hrs
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35 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
répondre de (l'utilisation de la license)


Explanation:
Une proposition sans être sûr que ce soit bon dans un contexte juridique...

il s'agit d'actions en justice pour répondre de l’utilisation illégale de la licence

répondre de ses actes... établir la responsabilité et de sa justification éventuelle....


patrickfor
France
Local time: 23:14
Native speaker of: Native in FrenchFrench
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  GILLES MEUNIER
33 mins
  -> Merci !
disagree  Daryo: that would apply to "making s.o. accountable for his/her actions"
5 hrs
neutral  Germaine: c'est ce qui se dégage de la phrase - mais il semble qu'il suffit de s'en tenir au sens strict: faire les comptes!
12 hrs
  -> Merci !
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41 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
justifier


Explanation:
Legal action by the patent holder for accounting [as well as for damages] for past uses of the patent

justifier les utilisations passées du brevet

"account for : Provide or serve as a satisfactory explanation or reason for: he was brought before the Board to account for his behavior
Synonyms
explain, answer for, give reasons for, rationalize, justify"
http://www.oxforddictionaries.com/definition/american_englis...

FX Fraipont (X)
Belgium
Local time: 23:14
Native speaker of: Native in FrenchFrench
PRO pts in category: 176

Peer comments on this answer (and responses from the answerer)
disagree  Daryo: it's not about "being accountable"
5 hrs
  -> I can tell you why it's being requalified as non-pro...
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8 hrs   confidence: Answerer confidence 5/5
reddition de comptes


Explanation:
L'équivalent d'"action for accounting" existe en droit français et s'appelle "action en reddition de comptes". Le but est le même: forcer la partie adverse à rendre des comptes, au sens littéral, c'est-à-dire de produire les informations chiffrées qui vont permettre d'établir ce qui est dû à chacun.


    Reference: http://www.clearpointlaw.com/a/action-for-accounting_Pro.php
    Reference: http://www.ca-montpellier.justice.fr/art_pix/Prescription.pd...
AbrahamS
United Kingdom
Local time: 22:14
Native speaker of: Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
agree  Germaine: Il semble que c'est, en définitive, ce dont on parle dans ce contexte particulier: http://curia.europa.eu/jcms/upload/docs/application/pdf/2014...
4 hrs
  -> Thanks!
disagree  Daryo: I can't see that "action for accounting" has anything to do with someone trying to use someone else's IP for free
11 hrs
  -> Well, the ST reads "Legal action by the patent holder for accounting. I think it is obvious that the patent holder mentioned in the statement wants to assess the amount of money earned by the illicit use of their IP.
neutral  Francois Boye: Reddition means surrender in French/ The French for accountability is 'redevabilité'.
19 hrs
  -> "reddition" on its own, yes. "Reddition de comptes" on the other hand is a set legal expression. Try googling: there are several definitions and 235,000 Ghits. They can't all have it wrong!
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5 hrs   confidence: Answerer confidence 5/5 peer agreement (net): -4
en vue de la restitution des profits illicites


Explanation:
Legal action by the patent holder for accounting as well as for damages for past uses of the patent shall of course also not constitute an abuse of a market-dominating position
=
.... en vue de la restitution des profits illicites ...


here "accounting" is used in the same way an accountant would use it, not in the sens of "being accountable":

making a list of all unauthorized uses of the intellectual property, same way an accountant would park in one one account all unpaid invoices; more precisely an account of all profits made by the unauthorized use.

"Account of profits
From Wikipedia, the free encyclopedia


An account of profits (sometimes referred to as an accounting for profits or simply as accounting) is a type of equitable remedy most commonly used in cases of breach of fiduciary duty. It is an action taken against a defendant to recover the profits taken as a result of the breach of duty, in order to prevent unjust enrichment.

In conducting an account of profits, the plaintiff is treated as if they were conducting the business of the defendant, and made those profits which were attributable to the defendant's wrongful actions. This can be rather complex in practice, because the defendant's accounting records must be examined (sometimes by a forensic accountant) to determine what portion of his gross profits were derived to the wrongful act in question ..."

https://en.wikipedia.org/wiki/Account_of_profits

https://www.google.co.uk/search?q="restitution des profits i...


--------------------------------------------------
Note added at 2 days1 hr (2015-07-19 15:39:36 GMT)
--------------------------------------------------

DÜSSELDORF, Germany, July 17, 2015 /PRNewswire/ --

- Judgment in patent proceedings Huawei vs. ZTE

As expected, the European Court of Justice (ECJ) has passed judgement in the patent dispute between the Chinese mobile phone companies Huawei and ZTE: If a company possesses a standard essential patent (SEP) - in the case of Huawei it concerned the mobile radio standard LTE - this does not necessarily imply a market-dominating position. Rather, this must be proven by the defendants and reviewed by the national court in each particular case. If a market-dominating position should be at hand, the company may be obliged to submit a licensing offer to the competition. The license must then be offered at fair, reasonable and non-discriminatory conditions (so-called FRAND conditions) and also include all industry-specific clauses that are usually specified in a license agreement. These include, in particular, the amount of the license fee and the method of calculation. In addition, the patentee is obliged to disclose which patents have been infringed and what exactly constitutes the patent infringement.

Lower requirements for FRAND licence offers

The patent infringer has to respond carefully and seriously to the license offer. If he declines the offer, he must submit a written counter-offer to the patentee in the short term and give security for the royalties. However, if the behaviour of the patent infringer is considered to be purely tactical, reluctant or not serious, an application for injunction on the part of the patentee does not then mean that he is abusing his market-dominating position. = = = Legal action [by the patent holder] for accounting = = = as well as for damages for past uses of the patent shall of course also not constitute an abuse of a market-dominating position. Whether the respective measures are appropriate is to be decided by the responsible court.

The dispute between Huawei and ZTE was referred by the Regional Court of Düsseldorf to the ECJ in spring 2013 in order to resolve contradictions in the legal opinions of the German Supreme Court (BGH) and the European Commission with respect to SEP actions. In contrast to the BGH, the European Commission had demanded higher requirements for FRAND licensing offers by the patentee. With yesterday's decision, which mediates between the two positions, the ECJ follows the opinion of the Advocate General Melchior Wathelet, who already submitted a proposal for this case to the ECJ in November 2014.
http://www.cohausz-florack.de

http://www.prnewswire.co.uk/news-releases/european-court-of-...


compare

Legal action [by the patent holder] for accounting

with

https://en.wikipedia.org/wiki/Account_of_profits

An account of profits (sometimes referred to as an accounting for profits or simply as accounting) is a type of equitable remedy most commonly used in cases of breach of fiduciary duty. It is an action taken against a defendant to recover the profits taken as a result of the breach of duty, in order to prevent unjust enrichment.

In conducting an account of profits, [i.e. a legal action called "accounting"]the plaintiff is treated as if they were conducting the business of the defendant, and made those profits which were attributable to the defendant's wrongful actions.

Daryo
United Kingdom
Local time: 22:14
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 27

Peer comments on this answer (and responses from the answerer)
disagree  patrickfor: personne ne sait s'il y a un profit illicite ou pas; Il y a utilisation illégale de licence / restituer un profit illicite c'est rendre à qqun un profit qui lui appartient. C'est restrictif de ce qui se passe ici !
7 mins
  -> http://www.prnewswire.co.uk/news-releases/european-court-of-... https://en.wikipedia.org/wiki/Account_of_profits to start with ...
disagree  Francois Boye: Please stick to the letter of the text! Do not extrapolate!
13 mins
  -> what you call "extrapolation" is called looking at the context
disagree  Germaine: RIEN dans le texte ne parle de "profits illicites". Accounting for = tenir compte de, au/pour compte de = au titre des usages non autorisé pour rester neutre. // Can't see "illegal profits" or "making money using... without paying" anywhere.
7 hrs
  -> RIEN dans le texte ne parle de "profits" illicites??? and what else you would call making money using s.o. else's IP without paying?
disagree  GILLES MEUNIER: extrapolation complète.....
12 hrs
  -> sure, if you focus on one word instead of as much possible of the information available
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