Earlier we've blogged about the role of professional translation services in the global economy. As China continues to develop as a dominant international business player, it is essential for the international lawyer to understand China's antitrust review process, and the role of English-Chinese and Chinese-English legal translations in this process.
Earlier we've blogged about document translation in the context of foreign regulatory evidence in products liability cases and about the role of professional translating and interpreting services in enforcing U.S. judgments in Europe. As the business world becomes more and more global, there are increasing instances of conflict of law questions. Essentially, a conflict of law arises whenever a business transaction spans two different countries.
Earlier we’ve blogged about corporate translation services in the context of international arbitration. Although the purpose of arbitration is to allow for the amicable resolution of business disagreements, sometimes a party will be left unsatisfied with the choice of arbitrator. Both the arbitration done under the Rule of Arbitration of the International Chamber of Commerce (ICC) or via internal (ad hoc) rules allow for a challenge. When raising a challenge, specific requirements must be met:
Earlier we blogged about language translation in the context of products liability claims in the presence of the English only warnings. Foreign language translation becomes even more relevant in product liability cases when the issue of foreign regulatory evidence arises in pharmaceutical lawsuits, mainly due to the international scope of pharmaceutical sales.
Foreign language document translation and language interpreting play an important role in the investigation and defense of money laundering cases. Money laundering occurs when an individual or organization attempts to disguise the origin of proceeds which stem from a preceding criminal act. In other words, it is the act of transferring the proceeds made from a criminal act in order to conceal their criminal origin. In the setting of international commercial arbitration, the following elements of the offense of money laundering need to be established:
According to 37 C.F.R. 1.637 (2003) Rule 647, when a party relies on a piece of documentary evidence written in a foreign language, they must have the document translated into English and file an affidavit attesting to the accuracy of the translation.
So what happens when both parties submit separate affidavits by two different document translators attesting to having submitted an accurate translation?
Earlier we blogged about the admissibility of the telephonic expert witness testimony by a foreign language translator/ court interpreter. One key factor in a court’s decision to allow telephonic testimony is whether or not the witness is available. Thus, in order to admit foreign language translator testimony via telephone, a party must sufficiently demonstrate that in fact the foreign language translator/ interpreter is “truly unavailable”.
Although sometimes admissible, the use of telephonic expert witness testimony given by a foreign language translator or court interpreter is highly disfavored by the courts. In general, the courts are likely to apply the same standards of admissibility of telephonic testimony by a foreign language translator/ interpreter as they would to any type of telephonic testimony.
Language translation issues often come up in the context of foreign language words in trademarks. In a case involving vodka, the TTAB clarified its definition of the Doctrine of Equivalents by refusing to register the mark Moskovskaya. The central issue was the definition of "the ordinary American purchaser" in reference to the applied for mark.
When applying for a trademark that contains a foreign language term or word, certain issues as to the meaning of the term may arise. This may become an obstacle to successfully obtaining the trademark when the foreign language term has different meanings in different cultures.
Continue reading "Language Translations and Registering a Foreign Language Trademark" »
July 9, 2008 English-Chinese and Chinese-English Legal Document Translations, and China's Antitrust Review Process Earlier we've blogged about the role of professional translation services in the global economy. As...
July 3, 2008 Foreign Language Translation for Attorneys and Law Firms, and International Conflict of Laws Earlier we've blogged about document translation in the context of foreign regulatory evidence in products...
June 27, 2008 Language Translation & Interpreting for Attorneys, and Challenging Arbitrators under an International Arbitration Act Earlier we’ve blogged about corporate translation services in the context of international arbitration. Although the...
June 18, 2008 Translations for Lawyers & Litigators, and Foreign Regulatory Evidence in Products Liability Cases Earlier we blogged about language translation in the context of products liability claims in the...
June 12, 2008 Legal Translation, and Asserting a Money Laundering Defense in the International Arbitration Setting Foreign language document translation and language interpreting play an important role in the investigation and...
May 30, 2008 Language Translator's Affidavit, and Professional Translation & Interpreting Services for Litigation, Court Proceedings & Arbitration Proceedings According to 37 C.F.R. 1.637 (2003) Rule 647, when a party relies on a piece...
