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  3. Law: Patents, Trademarks, Copyright

jouissance paisible

English translation: peaceful enjoyment

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:jouissance paisible
English translation:peaceful enjoyment
Entered by: Jeremy Smith

11:51 Mar 17, 2020
French to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright / Rights agreement relating to photographs
French term or phrase: jouissance paisible
Yes, I know we've had this and similar before, but I am raising it again because I'm not 100% satisfied with previous answers.
I'm very uncertain as to whether "quiet enjoyment" is the right term for the use of media; doesn't it relate only to the occupation of premises?

Serious suggestions please, no guesswork by people unfamiliar with this kind of text.

TIA

Here is the sentence:

XXX garantissent à YYY la jouissance paisible des droits cédés gracieusement sur les photographies dans le cadre de la présente convention.
AllegroTrans
United Kingdom
Local time: 20:34
peaceful enjoyment
Explanation:
This suggestion is essentially the same as your own, but this is the only translation I have seen in legal texts. Although it mainly relates to property/real estate, it is also used in reference to possessions. I did also just find "unfettered enjoyment", but I feel that overreaches what is meant here.
Selected response from:

Jeremy Smith
United Kingdom
Local time: 20:34
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +4peaceful enjoyment
Jeremy Smith
5 -1peaceful possession; lawful possession
Corinne Rubin
4 -1lawful exercise (of the rights...)
Corinne Rubin


  

Answers


33 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
peaceful enjoyment


Explanation:
This suggestion is essentially the same as your own, but this is the only translation I have seen in legal texts. Although it mainly relates to property/real estate, it is also used in reference to possessions. I did also just find "unfettered enjoyment", but I feel that overreaches what is meant here.

Jeremy Smith
United Kingdom
Local time: 20:34
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Notes to answerer
Asker: thank you!


Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: I've never seen this term used in intellectual property law, and I think it may be a mistake by the writer.
55 mins
agree  Adrian MM.: This is wide enough to cover the enjoyment e.g. of any licensing 'rights assigned'. Otherwise: quiet enjoyment (of land); quiet possession of goods (s. 12 UK Sale of Goods Act 1979) and quiet title (US/ IP, patents - but not 'title to rights assigned').
2 hrs
agree  Germaine: although "quiet enjoyment" is usually used - juriterm.ca
3 hrs
agree  Eliza Hall: @PhilGoddard, I have seen this term used in the context of IP rights. Example: https://www.lawinsider.com/clause/obligation-to-protect-the-...
3 hrs
agree  Daryo
4 hrs
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20 hrs   confidence: Answerer confidence 5/5 peer agreement (net): -1
peaceful possession; lawful possession


Explanation:
for "jouissance paisible et utile",
from the Council of Europe French-English Legal Dictionary
by F. H. S. Bridge, Council of Europe


    https://books.google.ch/books?id=rQAKtn-XjzIC&pg=PA175&lpg=PA175&dq=%22jouissance+paisible%22+enjoyment&source=bl&ots=DTiVLxeyK9&sig=ACfU3U0
Corinne Rubin
Switzerland
Local time: 21:34
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
disagree  Daryo: CL5 for 2 different translations that are NOT synonyms? Which one is supposed to be the right one for this ST??
13 hrs
  -> I was simply providing a reference to help GUIDE the translator, from a reliable source.
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20 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
lawful exercise (of the rights...)


Explanation:
Oh, this seems the most fitting, in the context of rights

I did a search for "jouissance paisible" and "lawful * rights" and found an example citing copyright law. Then I google searched "lawful exercise of rights" to peruse the hits...

Corinne Rubin
Switzerland
Local time: 21:34
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
disagree  Eliza Hall: This is a different concept. Jeremy's translation is the correct one for the legal concept in question.
13 hrs
  -> agreed!
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