Glossary entry (derived from question below)
German term or phrase:
... für gegeben zu erachten ...
English translation:
to consider as extablished
Added to glossary by
Antoinette-M. Sixt Ruth
Jan 17, 2012 22:58
12 yrs ago
2 viewers *
German term
... für gegeben zu erachten ...
German to English
Law/Patents
Law: Patents, Trademarks, Copyright
Context:
Ein Verletzungsgericht ist gehalten, den Rechtsbestand eines erteilten Patents für gegeben zu erachten.
My attempt:
An infringement court is required to consider the legal validity of a patent granted a established.
Is this appropriate?
Ein Verletzungsgericht ist gehalten, den Rechtsbestand eines erteilten Patents für gegeben zu erachten.
My attempt:
An infringement court is required to consider the legal validity of a patent granted a established.
Is this appropriate?
Proposed translations
(English)
3 | to consider as extablished | RosiePinhorn |
3 | assume/ take it as read | Nicola Wood |
3 | ... to take [the legal validity of a patent granted] for granted | Sebastian Witte |
References
Some background | Alison MacG |
Proposed translations
10 hrs
Selected
to consider as extablished
An infringement court is required to consider the legal validity of a granted patent as establilshed.
4 KudoZ points awarded for this answer.
Comment: "Thank you very much who responded.
Antoinette"
8 hrs
assume/ take it as read
The way I read it is that they will assume, or take it as read, that the patent is legally valid (since it has already been granted). In other words, their job is not to decide whether the patent is valid, but whether it has been infringed.
8 hrs
... to take [the legal validity of a patent granted] for granted
Infringement courts are required to take the legal validity of a patent granted for granted.
Infringement courts shall consider the legal validity of a patent granted to be the case.
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Note added at 9 hrs (2012-01-18 08:03:51 GMT)
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http://www.google.de/search?q="I considerthis to be the case...
Reference comments
12 hrs
Reference:
Some background
(which may also give you some additional ideas on appropriate wording)
A presumption of validity
(...) This philosophy of considering a patent to be a legal right with a presumption of validity, rather than something which had to be proven again from square one, found its expression in the principle of separation, which is still used today in German courts. According to this principle, a special patent court re-examines the validity of a patent, while a separate infringement court deals with the issue of infringement and presumes the patent to be valid.
http://www.iam-magazine.com/issues/Article.ashx?g=7e20eb5e-d...
It is unique not only in Europe but also in the entire world that the judge dealing with an infringement case is bound by the facts of patent grant and is not authorized to question the legal effectiveness of the patent. The judicial examination of legally granted patents is not the task of the infringement court but of the German Federal Patent Court (in first instance) and the German Federal Supreme Court (in the second instance) in a separate revocation procedure.
The grant of a patent is an administrative act conferring a benefit, that is, substantiating an exclusive right and a right of use. For this solely (in the case of lawful grant) the German Federal Patent Court and the Federal Supreme Court have exclusive examining competence. So long as a patent is formally effective, the infringement court is bound by it (effect of the fact) and must accept the patent as it was granted.
http://books.google.co.uk/books?id=OJsJUz8QHkYC&pg=PA405&lpg...
A presumption of validity
(...) This philosophy of considering a patent to be a legal right with a presumption of validity, rather than something which had to be proven again from square one, found its expression in the principle of separation, which is still used today in German courts. According to this principle, a special patent court re-examines the validity of a patent, while a separate infringement court deals with the issue of infringement and presumes the patent to be valid.
http://www.iam-magazine.com/issues/Article.ashx?g=7e20eb5e-d...
It is unique not only in Europe but also in the entire world that the judge dealing with an infringement case is bound by the facts of patent grant and is not authorized to question the legal effectiveness of the patent. The judicial examination of legally granted patents is not the task of the infringement court but of the German Federal Patent Court (in first instance) and the German Federal Supreme Court (in the second instance) in a separate revocation procedure.
The grant of a patent is an administrative act conferring a benefit, that is, substantiating an exclusive right and a right of use. For this solely (in the case of lawful grant) the German Federal Patent Court and the Federal Supreme Court have exclusive examining competence. So long as a patent is formally effective, the infringement court is bound by it (effect of the fact) and must accept the patent as it was granted.
http://books.google.co.uk/books?id=OJsJUz8QHkYC&pg=PA405&lpg...
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