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|Spanish to English translations [PRO]|
Law/Patents - Architecture / propiedad intelectual
|Spanish term or phrase: del pleno ejercicio de los derechos cedidos|
This comes in the rules of an architecture competition and refers to how entrants retain, or transfer, different IP rights as a condition of entry.
I think I am translating it correctly, but I don't get the sense of what it says:
Los autores conservarán la propiedad intelectual de los trabajos presentados (autoría, originalidad de la obra y del pleno ejercicio de los derechos cedidos indicados en las bases del concurso). Los autores ceden a los organizadores del concurso el derecho a la reproducción y distribución de la obra. Todos los concursantes ceden los derechos de explotación que corresponden a la publicidad de la convocatoria.
The authors of the submitted proposals will retain the intellectual property rights (authorship, originality of the work and full exercise of the rights transferred under these competition rules). The authors transfer to the competition organizers the right to reproduce and distribute the work. All entrants transfer their exploitation rights for the purposes of publicity for the competition.
What I don’t understand is that if the entrants transfer rights (to reproduction, distribution and exploitation for publicity), how does that mean they have “full exercise of the rights transferred”.
Is anyone expert in intellectual property matters? Or am I mis-translating?
Many thanks in advance.
5 mins confidence: peer agreement (net): +1 1 day9 hrs confidence:
"The full exercise of the transferred rights..."
Hi reliablewriters. I think that the key is the clause referrred to in the rules of the competition which evidently grant the organizers certain stipulated reproduction, distribution and publicity rights DURING the competition, without relinquishing thier rights otherwise.
FREE Full Text (PDF) Freely available. Right arrow .... By holding that collecting societies exercise the right of retransmission rather than ... The second is to deem the rights thereby transferred to the producers as having a nature ...
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Note added at 1 day9 hrs (2009-02-19 04:30:35 GMT)
11 Oct 2007 ... I would especially like to thank the Fair Competition Commission of the ... Protecting intellectual property rights benefits society at ... music, films, novels, architecture, recipes, and trade secrets. ... Creators may grant the rights to buy, sell, license, and transfer intellectual property. ...
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compositions, paintings, drawings, photographs, architecture, ... Income derived from the transfer of IP rights is generally subject to EIT ... the relevant costs, procedures, tax implications, market competition and other legal issues ...
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Local time: 13:46
Specializes in field
Native speaker of: English, Spanish
PRO pts in category: 251
|Notes to answerer|
|Asker: Hi Eski. Thanks for your input. I agree it is obvious that certain rights are given away to the organizers. But I am still unclear on the same point - that the author can have FULL EXERCISE of rights that he has given away. Have I misinterpreted this sentence or is this situation legally possible?|
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|The asker has declined this answer |1 hr confidence:
the full exercise of the assigned rights / rights granted
Note added at 1 hr (2009-02-17 20:54:49 GMT)
Results 1 - 10 of about 14 for school OR diploma OR certificate "full exercise of the rights granted". (0.56 seconds)
Release of Information Pursuant to the Texas Open Records Public ...
z. names of applicants for superintendent of public school districts; ... reasonable comfort and facility for the full exercise of the rights granted by the ...
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Public Records Request Policy
The notice of denial shall be accompanied by a certificate of mailing. V. CHALLENGING THE DENIAL OF A REQUEST TO INSPECT OR AMEND RECORDS. ...
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... is Associate Professor of Law, University of Detroit School of Law. ...... or impede the full exercise of the rights granted by the Copyright Act. ...
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Note added at 1 day16 hrs (2009-02-19 12:02:28 GMT)
to whom do you see these rights being 'assigned' or 'granted' - to the author or the organizers?
My interpretation is that they are being assigned or granted to the organizers of the competitive bidding; however, this assignment or grant is not exclusive in nature, since the assignors or grantors, if you will, in this case the "creators" or "authors" as you worded it, will still have full exercise of these rights that have been assigned or granted. This could be of great important to the originators or authors or creators since they could still, even after granting or assigning these rights, use them in other endeavors that could be key to their situation.
As an example let's take the hybrid technology that Toyota uses with its vehicles. If this had been granted without giving up their right to employ the technology with other competitors, then the Prius would not have the advantage and position it has in the market since many vehicle manufacturers would probably be using the same technology. At least I assume that Toyota has exclusive right to the patent using this type of technology.
I hope this hopes explain my viewpoint on this.
Note added at 1 day17 hrs (2009-02-19 12:22:03 GMT)
That's the way I understand it.
|Notes to answerer|
|Asker: Hi Michael, can I ask you something? In your interpretation of the text, to whom do you see these rights being 'assigned' or 'granted' - to the author or the organizers? Hope you can reply - many thanks!|
Asker: OK, I see it now. So it is just saying that whilst the organizers may reproduce and distribute the designs, (or include them in publicity), the actual architects (creators) can still use them for their own purposes (presumably, since there would be only one competition winner, the architects might wish to use their designs, or elements of them, for something else after the competition. So they are not actually losing any rights, then....more a question of sharing them for the time being?
Asker: Thank you!
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