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Himbeer-financier (CH)
Rollabsatz
Mar 21, 2014 15:16
10 yrs ago
German term

difficult sentence in agreement

German to English Law/Patents Law: Contract(s) collaborative agreement
Entstehen während dieser Zusammenarbeit Erfindungen, so werden sich die Vertragspartner jeweils unverzüglich darüber unterrichten, *sowie durch unbeschränkte Inanspruchnahme gegenüber ihren Mitarbeitern bzw.durch vertragliche Vereinbarung* dafür Sorge tragen, dass diese Erfindung im Rahmen des Vertrages genutzt werden kann.

I am unsure about the bit in between stars. Could it be interpreted as: und ihren Mitarbeitern unbeschränkte Inanspruchnahme gewähren? Also, is " durch vertragliche Vereinbarung" vielleicht überflüssig?

My start on this:

The contracting parties shall immediately notify each other of any inventions conceived in the course of this collaboration and shall ensure that the invention can be used freely by all employees within the scope of this agreement .....?

Many thanks for your help
Proposed translations (English)
3 +2 by means of an unlimited claim to their employees' inventions and/or a contractual agreement
3 through/by means of unlimited access for all employees or a contractual agreement
3 as well as unconditional user rights [of the invention]..

Discussion

Bernhard Sulzer Apr 4, 2014:
@Michaela Some feedback or confirmation from your side would have been good.
Bernhard Sulzer Mar 21, 2014:
@Michaela If possible, I would check with the client.
Michaela Pschierer-Barnfather (asker) Mar 21, 2014:
@ AllegroTran That is exactly what I had done, but then my question was deleted, because my search was too long...
AllegroTrans Mar 21, 2014:
Asker What you have "between stars" should be in the term box
This is because these term questions from the basis of a serachable glossary
Please squash your question and re-post it correctly
Andrea Muller (X) Mar 21, 2014:
Maybe this is to make sure that the employer of the person coming up with the invention can use the invention for the purpose of the contract
http://www.ipwiki.de/arbeitnehmererfinderrecht:unbeschraenkt...
And I would understand 'vertragliche Vereinbarung' as an alternative to the u.I., some kind of contract between employee inventor and their employer/the contracting parties

Proposed translations

+2
1 hr
Selected

by means of an unlimited claim to their employees' inventions and/or a contractual agreement

For the employer's right to claim an invention, see the extract below (it's from a pdf document and I'm having difficulty posting the link to it, but if you google "Employee inventions in Germany" you should find it).
"Whenever an employee who is employed under German law makes an invention in the course of his employment, this invention falls within the
scope of the German Employees’ Inventions Act (Arbeitnehmererfindungsgesetz or AEG), which obliges both the employer and the employee to inform and notify each other about the invention and its exploitation. The AEG provides for strict deadlines that have to
be met and that are crucial to establish ownership and the right of exploitation. ... T
After an invention has been made, all employees who have contributed to the
invention are obliged to notify the employer of the invention in writing without undue delay. ... Within a term of four months after the receipt of the notification, the employer has the right to claim the invention. The claim can be
unlimited (ie, exclusive) or limited (ie, nonexclusive) and has to be done in writing. By way of an unlimited claim, the employer acquires
the sole right in and to the invention. "
Peer comment(s):
agree Inge Luus
1 hr
agree Paul Skidmore : gangels is correct to point out that the German does not refer explicitly to "their employees' inventions". However, subject to possible tweaking on this point, I still agree with Armorel's suggestion.
2 days 22 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
1 hr

through/by means of unlimited access for all employees or a contractual agreement

I like a more descriptive solution based on the German text
- to me it's about the use of these inventions by the employees of the respective parties to the agreement; - my suggestion: ... and shall ensure through/by means of unlimited access for all employees or a contractual agreement that the invention can be used ...



--------------------------------------------------
Note added at 2 hrs (2014-03-21 18:15:58 GMT)
--------------------------------------------------

Clarification:
overall goals whenever inventions are created:

a) the parties to the contract will inform each other about these inventions AND
b) will ensure that these inventions can be used within/according to the provisions of the agreement.

as far as b) is concerned, this goal is to be reached
through/by means of of unlimited access (to the inventions) for/by all employees or a contractual agreement


--------------------------------------------------
Note added at 3 hrs (2014-03-21 18:23:11 GMT)
--------------------------------------------------

add-on:
when I say above "to me it's about the use of these inventions by the employees of the respective parties to the agreement" - it refers to the following part of the sentence:
durch unbeschränkte Inanspruchnahme gegenüber ihren Mitarbeitern

- just wanted to make the point that I woudn't translate that part as "emploees' inventions" but as "access of/for the employees to the inventions"


--------------------------------------------------
Note added at 3 hrs (2014-03-21 18:44:00 GMT)
--------------------------------------------------

the word "gegenüber" is what makes this a bit difficult.


Peer comment(s):
neutral Inge Luus : The contracting parties want to ensure that they (not their employees) can use the inventions. The employees may ultimately use the inventions in their work but here its about the rights to the inventions.
58 mins
not contesting that - that is not the part I translated
Something went wrong...
1 day 5 hrs

as well as unconditional user rights [of the invention]..

….vis-a-vis their associates or by virtue of a contractual agreement….

That is what the German says, NOT that the invention was necessarily made by one or several employees.

Some inventions just come about by happenstance.

Something went wrong...
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