KudoZ home » German to English » Law/Patents

another tricky legal sentence

English translation: tricky legal sentence

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
13:14 Sep 26, 2001
German to English translations [PRO]
Law/Patents
German term or phrase: another tricky legal sentence
context: legal dispute over a patent

The tricky sentence is:
"Im übrigen tritt bei einer nichtöffentlichen Benutzung in Italien, den USA oder Korea auch nicht in Deutschland die Rechtsfolge ein, wonach der Benutzer ein Weiterbenutzungsrecht hätte."

Further info for context: Daher konnte man unter Berücksichtigung der Argumentation von Firma X davon ausgehen, daß diese Vorbenutzungshandlung keinerlei Auswirkungen auf die Rechtsbeständigkeit unseres Patents gehabt hätte.

I think what they're trying to say here is that even though Company X claims to have already produced an equivalent product and delivered it to a customer before they applied for a patent, this delivery can be categorized as a non-public use (because it was a joint technical development between a company and its supplier) and will therefore not jeopardize the patent application.

But that first sentence, particularly the part with "auch nicht in Deutschland" has me confused.

Can anyone help me unravel the one sentence or figure out what is missing from it for this to make more sense?
TIA, Beth
Beth Kantus
United States
Local time: 06:07
English translation:tricky legal sentence
Explanation:
Neither does, apart from that, a case of private use in Italy, USA or Korea constitute a legal consequence in Germany, whereby the user would have a right for continued use.

I think what they are saying is, that if the product is used in any of these countries, it doesn't mean a user can continue the use in Germany, hence I used the phrase "neither" ("not too").
Selected response from:

Klaus Dorn
Local time: 14:07
Grading comment
Thanks to everyone for your help. Now - after having read your answers - when I look at the sentence, I can't understand why I thought it was so "tricky"!

4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
4That is how I understand this nice legalese ...
Alexander Schleber
4However, even in the event of private use in Italy, the US or Korea, legal consequences...
Alison Schwitzgebel
4tricky legal sentenceKlaus Dorn
nathere nevertheless exist no legal basisgangels


  

Answers


41 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
tricky legal sentence


Explanation:
Neither does, apart from that, a case of private use in Italy, USA or Korea constitute a legal consequence in Germany, whereby the user would have a right for continued use.

I think what they are saying is, that if the product is used in any of these countries, it doesn't mean a user can continue the use in Germany, hence I used the phrase "neither" ("not too").

Klaus Dorn
Local time: 14:07
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 1514
Grading comment
Thanks to everyone for your help. Now - after having read your answers - when I look at the sentence, I can't understand why I thought it was so "tricky"!
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
However, even in the event of private use in Italy, the US or Korea, legal consequences...


Explanation:
.. would also not arise in Germany, thus giving the user the right to further use the product.


Alison Schwitzgebel
France
Local time: 12:07
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 3409
Login to enter a peer comment (or grade)

4 hrs
there nevertheless exist no legal basis


Explanation:
In general, even in the event of nonpublic use in Italy, the US or Korea, there nevertheless exists no legal basis in Germany on which a [current] user would be allowed continued use of the product.

gangels
Local time: 04:07
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 5508
Login to enter a peer comment (or grade)

10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
That is how I understand this nice legalese ...


Explanation:
"Furthermore, in case of a non-public use in Italy, the USA, or Korea, a successive legal right would also not occur, through which the user would have a right to continued use."

Alexander Schleber
Belgium
Local time: 12:07
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2340
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search