podra solicitar con caracter previo la adopcion de las medidas cautelares

English translation: may request a pretrial injunction (or) provisional remedies/interim relief (etc.)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase: podra solicitar con caracter previo la adopcion de las medidas cautelares
English translation:may request a pretrial injunction (or) provisional remedies/interim relief (etc.)

07:43 Aug 13, 2008
Spanish to English translations [Non-PRO]
Law (general)
Spanish term or phrase: podra solicitar con caracter previo la adopcion de las medidas cautelares
I am translating a demand letter from Spanish (Spain) lawyers regarding copyright infringement of personal fotos on the internet
Noelia Echesabal
may request a pretrial injunction (or) provisional remedies/interim relief (etc.)
Explanation:
The expression "medidas cautelares" is often translated literally as “precautionary measures,” when in fact equivalent concepts in English include “provisional remedies” or “interim relief.” In England I believe they are called “interim orders and remedies,” having been known as “interlocutory orders” prior to the civil procedure reform of 1999. An "injunction" is a specific type of provisional remedy, and in the case of copyright infringement the "medida cautelar" ordered would probably be some type of injunction prohibiting the continued use of the photos in question until the dispute has been adjudicated. This appears to be a "cease and desist" letter ("requerimiento") sent by lawyers" prior to commencing legal action against the infringer. "Con caracter previo" usually means prior to hearing the case (to preclude any further injury to the plaintiff) and, therefore, I believe "pretrial" would be more appropriate than simply "first" or "previously". However, it may be that an application for an injunction can be made prior to actually filing a complaint ("demanda") for infringement, and in that case the "medidas cautelares previas" would perhaps better be described as "prefiling" rather than "pretrial". But you will be able to tell from the rest of the context of your text which of these options is most appropriate.
Selected response from:

Rebecca Jowers
Spain
Local time: 10:29
Grading comment
Thank you for elaborating. It was very helpful.
4 KudoZ points were awarded for this answer



Summary of answers provided
5may request a pretrial injunction (or) provisional remedies/interim relief (etc.)
Rebecca Jowers
4may previously request/seek injunction relief
Margarita Ezquerra (Smart Translators, S.L.)
4may first request the adoption of cautionary measures
Edward Tully
4(he/she/the party) may previously motion for the take-up of precautionary measures
Chris Lancaster


  

Answers


46 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
(he/she/the party) may previously motion for the take-up of precautionary measures


Explanation:
Option

Chris Lancaster
Spain
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 82
Notes to answerer
Asker: thank you for your help.

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46 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
may first request the adoption of cautionary measures


Explanation:
like an injunction and removal of the photos for example...

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Note added at 47 mins (2008-08-13 08:31:02 GMT)
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oops, should be "precautionary"!

Edward Tully
Local time: 10:29
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1638
Notes to answerer
Asker: thank you for your help

Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
may previously request/seek injunction relief


Explanation:
Suerte

Margarita Ezquerra (Smart Translators, S.L.)
Spain
Local time: 10:29
Specializes in field
Native speaker of: Spanish
PRO pts in category: 1761
Notes to answerer
Asker: muchas gracias.

Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 5/5
may request a pretrial injunction (or) provisional remedies/interim relief (etc.)


Explanation:
The expression "medidas cautelares" is often translated literally as “precautionary measures,” when in fact equivalent concepts in English include “provisional remedies” or “interim relief.” In England I believe they are called “interim orders and remedies,” having been known as “interlocutory orders” prior to the civil procedure reform of 1999. An "injunction" is a specific type of provisional remedy, and in the case of copyright infringement the "medida cautelar" ordered would probably be some type of injunction prohibiting the continued use of the photos in question until the dispute has been adjudicated. This appears to be a "cease and desist" letter ("requerimiento") sent by lawyers" prior to commencing legal action against the infringer. "Con caracter previo" usually means prior to hearing the case (to preclude any further injury to the plaintiff) and, therefore, I believe "pretrial" would be more appropriate than simply "first" or "previously". However, it may be that an application for an injunction can be made prior to actually filing a complaint ("demanda") for infringement, and in that case the "medidas cautelares previas" would perhaps better be described as "prefiling" rather than "pretrial". But you will be able to tell from the rest of the context of your text which of these options is most appropriate.

Rebecca Jowers
Spain
Local time: 10:29
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2210
Grading comment
Thank you for elaborating. It was very helpful.
Login to enter a peer comment (or grade)



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