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als grondslag aanvoeren

English translation: The grounds for such action

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Dutch term or phrase:als grondslag aanvoeren
English translation:The grounds for such action
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16:11 Dec 19, 2001
Dutch to English translations [PRO]
Law/Patents
Dutch term or phrase: als grondslag aanvoeren
I am currently working on a small legal translation, and am having problems with the above phrase.

The translation concerns an infringement of a patent right, and the sentence is as follows:

"Mocht u niet aan bovenstaande sommatie voldoen, dan zullen mijn cliënten zich vrij achten om zonder verdere aankondiging passende rechtsmaatregelen tegen u te treffen.
Hierbij zal niet alleen octrooi-inbreuk worden aangevoerd als grondslag, maar eveneens het niet nakomen van een schriftelijke toezegging. Ten aanzien van de vorderingen tot schadevergoeding en winstafdracht behouden mijn cliënten zich alle rechten voor."

All suggestions welcome, and KudoZ points will be awarded asap.

Thanks!

Pikey
Anne Key
Local time: 01:06
Here is my suggested translation of this sentence:
Explanation:
'Should you not comply with the above summons, my clients will feel free to take appropriate legal action against you without any further notification on their part. The grounds for such action will include patent infringement as well as failure to comply with a written undertaking. My clients reserve the right to exercise all their legal remedies concerning their claims for damages and profit payments/loss of profits.'
I would need more information to be sure about the exact meaning of "winstafdrachten".
Selected response from:

xxxjarry
South Africa
Local time: 03:06
Grading comment
I hope I'm not going to cause a rift/offend anybody, but I decided to award the points to Jarry, as my client agreed with the use of "claims for damages"" rather than "lay claim to...", and preferred "infringement" to "breach".

I'm sorry about this, but I promised to award KudoZ points, and unfortunately I can only choose one, i.e. the most accurate/helpful, answer.

Once again, many thanks to everyone for their suggestions, and have a good Xmas/New Year.

Pikey
4 KudoZ points were awarded for this answer

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Summary of answers provided
5Here is my suggested translation of this sentence:xxxjarry
4 +1If you fail to abide by the above command order, my clients
Dave Greatrix
4If you fail to abide by the above command order, my clients
Dave Greatrix
4put forward as a basis for
Lucy Simpson
4The reason for this is not only for breach of patent, but also for
Dave Greatrix
4 -1Dave,xxxjarry


  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
The reason for this is not only for breach of patent, but also for


Explanation:
not honouring a written undertaking.

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Note added at 2001-12-20 08:23:12 (GMT)
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88/138/EEC: Commission Decision of 22 December 1987 relating to a proceeding under Article 86 of the EEC Treaty (IV/30.787 and 31.488 - Eurofix-Bauco v. Hilti) (Only the English text is authentic)

Legal action for breach of patent was also threatened in Denmark against an independent distributor of cartridge strips for use in Hilti's nail guns

88/138/EEG: Beschikking van de Commissie van 22 december 1987 inzake een procedure op grond van artikel 85 van het EEG-Verdrag (IV/30.787 en 31.488 - Eurofix- Bauco/Hilti) (Slechts de tekst in de Engelse taal is authentiek)

Hilti waren vervaardigd, eveneens met rechtsvervolging wegens octrooi-inbreuk bedreigd, hetgeen ertoe leidde dat de strips

plus loads of hits on Google for "profit-loss incurred"






    Reference: http://europa.eu.int/eur-lex/en/lif/dat/1988/en_388D0138.htm...
    Reference: http://europa.eu.int/eur-lex/en/lif/dat/1988/nl_388D0138.htm...
Dave Greatrix
United Kingdom
Local time: 01:06
Native speaker of: English
PRO pts in pair: 1747
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27 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
If you fail to abide by the above command order, my clients


Explanation:
will deem it necessary to take the appropriate legal action against you.
The grounds for this action will not only include breach of patent, but also (the) failing to honour a written undertaking. My clients reserve the right to lay claim to any damages or profit-loss as a result of this breach.

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Note added at 2001-12-19 16:42:43 (GMT)
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"deem it necessary, without further communication, to take.....

I forgot a bit!

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Note added at 2001-12-19 16:44:55 (GMT)
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"profit loss incurred as a result"

Ah! the joy of a word processor!

Dave Greatrix
United Kingdom
Local time: 01:06
Native speaker of: English
PRO pts in pair: 1747
Login to enter a peer comment (or grade)

37 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
If you fail to abide by the above command order, my clients


Explanation:


will deem it necessary, withou further communication, to take the appropriate legal action against you.
The grounds for this action will not only include breach of patent, but also (the) failing to honour a written undertaking. My clients reserve the right to lay claim to any damages or profit-loss incurred as a result of this breach.



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Note added at 2001-12-19 17:34:29 (GMT)
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I have used "breach of patent" as this is the term used in European Directives, See ref: above

Dave Greatrix
United Kingdom
Local time: 01:06
Native speaker of: English
PRO pts in pair: 1747

Peer comments on this answer (and responses from the answerer)
agree  Lucy Simpson: I've given you some different wording to play with, but I would use infringement rather than breach.
23 mins
  -> I have used "breach of patent" as it seems to be the common way in European Directives.

disagree  xxxjarry: My clients reserve the right to claim (not lay claim to) any damages or loss of profits resulting (profit is not 'incurred') from the infringement.
1 hr
  -> There you go again Jarry, being petty, "To lay claim to" is a quit acceptable legal term, I thought you would have known that. Look in one of your legal dictionaries. Profit is not incurred, but profit-loss is.

agree  Chris Hopley: "grounds for the action" is right!
4 hrs
  -> Cheers, Chris!
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57 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
put forward as a basis for


Explanation:
Not only will infringement of patent be put forward as a basis for this action, so too will the failure to fulfil a written promise.


    Van den End Legal Lexicon
Lucy Simpson
Local time: 01:06
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 117
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18 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
Dave,


Explanation:
I think it is grossly unfair that you should accuse of being petty. I, like you, insist on clarity, not pettiness. While using more words than necessary in a translation may be advantageous to you financially, it is unfair to both the client and the target audience.
Also, how do you justify the translation of "winstafdracht" as profit/loss incurred?
As a translator comparatively new to the profession, I think you still have some way to go. It is therefore in your own interest to accept constructive criticism from your fellow SC members instead of accusing them of pettiness.

You have truly disappointed me on this occasion.

Have a nice day.

--------------------------------------------------
Note added at 2001-12-20 11:10:05 (GMT)
--------------------------------------------------

You should also know that "to lay claim to" is not only verbose it is also wrong. If you say that you lay claim to something you mean that it belongs to you. Examples: We should lay claim to our inheritance. Both countries had laid claim to the territory. It is certainly not the appropriate wording when we are concerned with damages under an insurance policy. So perhaps not that petty after all!

xxxjarry
South Africa
Local time: 03:06
Native speaker of: English
PRO pts in pair: 3855

Peer comments on this answer (and responses from the answerer)
disagree  Dave Greatrix: Do you mean I am comparitively new to the profession because I've only been a member of ProZ for 5 months, or because I didn't translate a 300 page aircraft instruction manual until 1986.
1 hr
  -> What I mean is that you seem to lack exposure to a team of translators who revise your work and make mince meat of it. Of the 8 professionals at Ernst & Young, no one produced a translation good enough to be delivered unrevised by a second translator.
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21 hrs   confidence: Answerer confidence 5/5
Here is my suggested translation of this sentence:


Explanation:
'Should you not comply with the above summons, my clients will feel free to take appropriate legal action against you without any further notification on their part. The grounds for such action will include patent infringement as well as failure to comply with a written undertaking. My clients reserve the right to exercise all their legal remedies concerning their claims for damages and profit payments/loss of profits.'
I would need more information to be sure about the exact meaning of "winstafdrachten".

xxxjarry
South Africa
Local time: 03:06
Native speaker of: English
PRO pts in pair: 3855
Grading comment
I hope I'm not going to cause a rift/offend anybody, but I decided to award the points to Jarry, as my client agreed with the use of "claims for damages"" rather than "lay claim to...", and preferred "infringement" to "breach".

I'm sorry about this, but I promised to award KudoZ points, and unfortunately I can only choose one, i.e. the most accurate/helpful, answer.

Once again, many thanks to everyone for their suggestions, and have a good Xmas/New Year.

Pikey
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