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ayants droit / portant code

English translation: The noun "assigns" is a useful English equivalent

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07:09 Sep 5, 2000
French to English translations [Non-PRO]
Law/Patents
French term or phrase: ayants droit / portant code
Is "beneficiaries" accurate for "ayants droit" in the following sentence or does it have to be something like "those persons entitled to copyright protection"? And for "portant code," is it okay to simply say "relating to intellectual property rights" or is there a more formal phrase?

"L’autorisation est accordée sans préjudice du droit des auteurs ou de leurs ayants droit (loi n° 92-597 du 1er juillet 1992 portant code de la propriété intellectuelle) pour le ou les seuls usages que vous nous avez déclarés."

Thanks in advance. Karen
Karen Tucker
English translation:The noun "assigns" is a useful English equivalent
Explanation:
for "ayants droit" (literally, "those who are entitled"). "Beneficiaries" isn't incorrect, but "assigns" is more common in the copyright and intellectual-property area. (However, for patents, it's "assignee." Go figure.)

Even more useful for English legal translations is "implements," as in "Law No. 92-597, of July 1, 1992, which implements the Intellectual Property Code." (A more accurate phrase would be "...which contains the implementing legislation for the IPC...," but that's rather clumsy...)
Selected response from:

Heathcliff
United States
Local time: 07:12
Grading comment
Thanks for the translations and helpful explanations, which I've added to my glossary. And I hope your wrist is healing!
Karen
4 KudoZ points were awarded for this answer

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Summary of answers provided
naRead the following :
Nikki Scott-Despaigne
naassigns OR successors; coded (as intellectual property) / under the intellectual property code
Yolanda Broad
naThe noun "assigns" is a useful English equivalentHeathcliff


  

Answers


19 mins
The noun "assigns" is a useful English equivalent


Explanation:
for "ayants droit" (literally, "those who are entitled"). "Beneficiaries" isn't incorrect, but "assigns" is more common in the copyright and intellectual-property area. (However, for patents, it's "assignee." Go figure.)

Even more useful for English legal translations is "implements," as in "Law No. 92-597, of July 1, 1992, which implements the Intellectual Property Code." (A more accurate phrase would be "...which contains the implementing legislation for the IPC...," but that's rather clumsy...)

Heathcliff
United States
Local time: 07:12
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 953
Grading comment
Thanks for the translations and helpful explanations, which I've added to my glossary. And I hope your wrist is healing!
Karen

Peer comments on this answer (and responses from the answerer)
Karen Tucker

terri
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1 hr
assigns OR successors; coded (as intellectual property) / under the intellectual property code


Explanation:
Ayant droit:

I like the *assigns* in the first answer. Termium has some other contributions, in the area of copyright, if they fit your overall context better:

English:Property Law (Common Law)
Property Law (Civil Law)
Copyright

successor in interest s CORRECT

successor in title s CORRECT
successor s CORRECT

DEF - Person who holds a right or an obligation derived from another, the author. s

1996-11-18

Note that the translation, *assign(s)* is for property law, rather than copyright law (again, as per Termium):

English:Property Law (Common Law)

assign s CORRECT,NOUN


DEF - (A) person who succeeds to, or in whom is vested a property right as the result of some dispositive act of another person. (Cartwright, 1972, p. 88) s
CONT - In a covenant by "A, his heirs and assigns", the word "assigns" includes all those who take either immediately or remotely from or under A, whether by conveyance, devise, descent or other act of law, e.g., as assignee from A's devisee, or as devisee of A's assignee, and so on.... (Jowitt, 2nd ed. 1977, p. 146) s

1996-05-27


Portant code:

from Termium:

English:Trade and Finance (formerly XBF)

coded s

1976-06-19


    Temium
Yolanda Broad
United States
Local time: 10:12
Native speaker of: English
PRO pts in pair: 1551

Peer comments on this answer (and responses from the answerer)
Karen Tucker
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4 hrs
Read the following :


Explanation:
Here's a bit of technical bla-bla on beneficiaries and assignments.

BENFICIARY
Technically speaking, a beneficiary is someone who benefits under a trust or someone who benefits under a will. Used more loosely but still in a legal context, the term is commonly used to describe anyone who is entitled to a benefit. 'Ayant droit' is certainly almost always translated as 'beneficiary', which is not entirely accurate. I agree entirely with Heathcliff.

ASSIGNMENTS etc.
An assignment is the transfer of a right, a 'chose in action' (and that's an English legal term!) as opposed to a 'chose in possession'which is a tangible object capable of being possessed. There are different types of assignment, a discussion of which is not particularly relevant here.

The person who assigns is the assignor, the person who receives the benefit of the assignment (sometimes, incorrectly referred to as the beneficiary) is the assignee. (I hope to have clarified this area a bit for Heathcliff who had said "Go figure". I hope I have figured!!!)

Here's the French vocab :
ASSIGNMENT = cession
ASSIGN = céder
ASSIGNOR = cédant
ASSIGNEE = cessionnaire
ASSIGNABLE = cessible à

Both beneficiaries and assignees benefit from a right transferred to them. In the case of the former, it is a right in property or a right under a will ; in the case of the latter, a 'chose in action'.

* As for your sentence, then I suppose you might express it in terms along the following lines :
"Authorisation shall be granted to holders of copyright or to their assignees (Law N° 92-597 of 1st July 1992 which brings the IPC into force) in respect of the use or uses ... "

I have a problem with the last bit in fact. In all probability, it does come down to the law mentioned being the one which implements the IPC, although I do prefer "bring into force" which is the expression used in English law, in any event. However, if we are going to be precise, then the problem I have with the expression "portant code" is that it suggests that the law referred to in fact bears/contains the IPC code itself. If this is the case and I am not barking up the wrong tree, then it does more than just bring it into force, the provisions of the IPC code are perhaps set out. If this is the case, then prehaps this idea ought to be represented in the translated version : "...setting out provisions of the IPC..." for example.

I may be going into too much detail but it may be important.

Sorry for being too verbose. I am not so concise at the end of the day and from my office I can hear the rest of the family excited after the first day back at school!


    Oxford Dictionary of English OUP
    Dictionary of Law, Curzon, FT Publishing
Nikki Scott-Despaigne
Local time: 16:12
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4419

Peer comments on this answer (and responses from the answerer)
Karen Tucker
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