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English translation: protectable (intellectual property)
09:34 Apr 8, 2016
French to English translations [PRO] Law/Patents - Law: Patents, Trademarks, Copyright / Intellectual and industrial property rights
French term or phrase:protégeable
Hello, again this is a partnership contract between two parties to set out how they are going to share the spoils of patents arising any inventions.
My problem is with the term(s) 'protégée/protégeable' as here:
'Toute information, de quelque nature, sur quelque support et sous quelque forme que ce soit, notamment connaissances, expérience, .... rapport et/ou instruction, protégée ou protégeable, ou non, par un droit de propriété intellectuelle...'
and here:
'Résultats protégeables par le droit d’auteur...'
and here:
'...susceptibles d’être protégés par un titre de propriété industrielle...'
I found 'copyright/copyrightable' which suited me fine until I realised that this probably only applies to 'droit d'auteur' and probably not 'droit de propriété intellectuelle' or 'titre de propriété industrielle'.
Am I correct? If so, should I just go with 'protect/can be protected'?
On the matter of answers and points, I think it's up to dwt2, as the first person to suggest a correct solution here, to post an answer if he/she wishes.
I shouldn't worry. I don't think there's anything wrong with "qualify for protection".
Sir Kim Lewison in a Privy Council judgment: "The principal issue raised by this appeal is whether a technical drawing containing details of a septic tank is capable of protection under the Copyright Act (Chapter 323)." https://www.jcpc.uk/cases/docs/jcpc-2013-0031-judgment.pdf
Gosh yes I see that. I have to deliver so can't change everything now, I need to stick with 'qualify for protection' simply for lack of time. I think everyone's points were valid and helpful thank you. Which brings us back to awarding points...?
No problem! "Capable of being protected" (or "capable of protection") is a form of words quite commonly used by judges and lawyers, but of course if you don't like it you're not obliged to use it :) However, despite what I said earlier, "protectable" is pretty common in this context in official UK English, so I think Linda might as well use that: https://www.google.es/search?num=100&q=site:gov.uk "protecta...
I am actually leaning towards 'qualify for protection' for 'protégables' in general, and indeed, as you say, sometimes 'copyright'/'copyrightable' does work. It's a process...but I think we're getting there.
I think that you can go with the verb "to protect", or variations thereof. Not mad about "capable of being protected" and prefer "that/which can be (is able to be) protected" (sorry Charles)! Linda, you might also consider other terms than "protect" depending on how the term is used in the original. Your hands are not necessarily tied to variations upon a theme of one-size-fits-all here.
So it seems the issue is between IP that is automatically protected eg copyright and that for which you have to apply for protection eg patents. See https://www.gov.uk/intellectual-property-an-overview/what-ip... In which case i would say the terms required are simply "protected" and "protectable"
Part of the contract does deal with non-disclosure of confidential information, but that is not really my issue here. I will read this document though, it does deal with patents, there may be something in there, thanks.
dwt2 United Kingdom Local time: 06:41 Native speaker of: English PRO pts in category: 4
Grading comment
Thanks to all.
Reference comments
16 mins
Reference: OCDE
Reference information: Pour "protected", je vois aussi souvent dans les textes source américains "covered" (et le texte français pourrait être traduit, "et/ou", "ou non" entre virgules, ce n'est pas d'un rédacteur qui pense en français), Il y a des liens aussi dans le document
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