Translation For Lawyers

We've blogged about intellectual property translation, legal online translation and language translations in the context of probative value of foreign language Web site evidence. In the case Elsevier B.V. v. United Healthgroup Inc., S.D.N.Y. Jan. 14 2010, the plaintiff claimed that the provision of the Copyright Act requiring copyrights to be registered prior to infringement violated the Berne Convention and thus were preempted by the US Constitution.

Continue reading "Translation Services and Unregistered Foreign Copyrights in U.S. Courts" »

In a complex patent case, such as one dealing with technology, is a party required to provide a foreign language translation of the entire text or will a foreign language translation of the relevant sections suffice? In one such case, a party opted to submit the entire document in its original Japanese and, according to 37 CFR sect. 1.98(a), (c), provided an accurate, concise foreign language translation of all relevant portions. Furthermore, pointing to the Manual of Patent Examining Procedure (MPEP), one is not required to "discuss differences between the cited information and the claims".

Continue reading "Partial Translations in Complex Patent Cases" »

We've blogged about legal translation and legal interpreting services at FTC hearings, and about intellectual property translation. In today's global economy, many U.S. companies are benefiting from the cost-saving advantages of offshoring some of their operations - particularly, manufacturing. But, as with any cost-saving measure, there is a downside to offshoring. For instance, as companies move operations to foreign jurisdictions, new challenges for protecting the patent rights of the U.S. companies arise. Unlike the U.S.-based patent infringement cases, U.S. courts are often inadequate forums for addressing infringements that allegedly take place in foreign jurisdictions. The main challenges tend to involve obtaining proper jurisdiction and proving the infringement under foreign discovery rules.

Continue reading "Onsite and Offsite Legal Translation, IP Translation and the United States International Trade Commission" »

We've blogged about Chinese-English legal translation and professional English-Chinese translation in the context of protecting one's trademark in China. Intellectual property translations and professional language translation services continue to play an important role in patent litigation in China.  The tide of multimillion infringement case settlements in China has recently been favorable to Chinese firms.  Two of the recently concluded cases instigated by multinational conglomerates against the Chinese for Intellectual Property Rights (IPR) violations have resulted in the awarding of compensatory damages to the accused. There is the probability that these landmark successes would be interpreted as precedents, thus inciting more disputes and lawsuits over IPR/copyright infringement litigations.  This opinion was expressed in an article entitled: Intellectual Property in China: Battle of Ideas (The Economist, 23 April 2009).

Continue reading "Intellectual Property Translation, Legal Online Translation and Language Translations in Chinese Patent Infringement Actions" »

We've blogged about legal translation and professional Chinese-English and English-Chinese translation services in the context of digital piracy and China's antitrust review process.  With many companies turning to the Chinese market as an area of growth, protecting one's trademark becomes an issue. Although China has become a member of the World Trade Organization, it has failed to increase its regulations of intellectual property rights. In fact, in 2007 the US filed a complaint with the WTO regarding China's poor enforcement of copyright and trademark protection.

Continue reading " Legal Translation, Professional Language Translation Services, Your Trademark and China" »

Transnational civil litigation and transnational criminal prosecution create a boon for legal translation industry.  Since most piracy occurs on US copyrighted materials showing in foreign countries - particularly the Russian, Eastern Europe and Chinese markets- that problem generates an ongoing need for professional English-Russian and Russian-English translation services; for professional English-Chinese and Chinese-English translation services; and professional translation services from and into the Slavic and East European languages.  

Continue reading "Russian Legal Translations & Chinese Legal Translations Help Navigate the International Waters of Digital Piracy " »

Earlier we've blogged about the importance of professional document translation services and patent translation services for patent and trademark attorneys.  As a general rule, every article submitted to the Patent Office should contain a full foreign language translation. According to the case Atofina v. Great Lakes Chemical Corp, (Fed. Cir. 2006), the failure to submit a full translation of a prior article reference did not satisfy the intent requirement of inequitable conduct.

Continue reading "Foreign Language Translations, Patent Translations, Patent Translators and Patent Law" »

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.

Continue reading "English-Chinese and Chinese-English Legal Document Translations, and China's Antitrust Review 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.

Continue reading "Foreign Language Translation for Attorneys and Law Firms, and International Conflict of Laws" »

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 Rules 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:

Continue reading "Language Translation & Interpreting for Corporate Litigation Attorneys, and Challenging Arbitrators under an International Arbitration Act" »

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.

Continue reading "Translations for Lawyers & Litigators, and Foreign Regulatory Evidence in Products Liability Cases" »

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:

Continue reading "Legal Translation, and Asserting a Money Laundering Defense in the International Arbitration Setting" »

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?

Continue reading "Certified Language Translator's Affidavit, and Professional Translation & Interpreting Services for Litigation, Court Proceedings & Arbitration Proceedings" »

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”.

Continue reading "Determining the Unavailability of Foreign Language Translator/ Interpreter to Provide Expert Witness Testimony in Person- Telephonic Evidence" »

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.

Continue reading "Admissibility of Telephonic Expert Witness Testimony by Foreign Language Translator/ Court Interpreter" »