Feb 17, 2020 18:02
4 yrs ago
58 viewers *
French term

droit d’utilisation ou d’exploitation

Non-PRO French to English Law/Patents Law (general)
Hi all,

Do 'droit d’utilisation' and 'droit d’exploitation' mean the same thing?

I am translating a legal notice for a company and this phrase says:

Le Site et plus généralement toutes les informations et contenus y figurant tels que les logiciels, textes, images, vidéos, sons, savoir-faire, animations, marques sont la propriété de XXX ou font l’objet d’un droit d’utilisation ou d’exploitation et sont régis dans leur intégralité par la législation française relative au droit de propriété intellectuelle.

Thanks in advance for your help.

Catharine
Change log

Jun 8, 2020 04:29: OK-Trans changed "Level" from "PRO" to "Non-PRO"

Votes to reclassify question as PRO/non-PRO:

Non-PRO (3): Yvonne Gallagher, robin25, OK-Trans

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Proposed translations

+9
29 mins
Selected

right to use or operate/run

Lexmark - Federal Circuitwww.cafc.uscourts.gov › default › files › 14-1617-Corrected_Opinion
PDF
Feb 12, 2016 - the right to use and operate it during the lifetime of the patent,” id. at 350 (emphasis added), the Court implicitly recognized that a purchaser ...

Peer comment(s):

agree ph-b (X) : esp. exploitation/"operate"
40 mins
agree Angus Stewart
47 mins
agree Jennifer White
48 mins
agree B D Finch
1 hr
agree Rachel Fell
1 hr
agree SafeTex
1 hr
disagree Johannes Gleim : No, the context says 'and'. And both terms describe different aspects, are not redundant. C.à.d. « non seulement l’objet d’un droit d’utilisation, mais aussi d’exploitation »
3 hrs
no, the context says OU (oder) and for the rest, Ich verstehe kein Wort
agree Josephine Cassar : Disagree with Johannes Gleim. Yours is the one spot on and shows attention to small details
12 hrs
agree Eliza Hall : This is it. There are 2 verbs because of the long list of nouns (videos might be used, software might be operated...).
19 hrs
agree Kim Metzger
1 day 53 mins
agree Paul Stevens
1 day 15 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Brilliant, thank you writeaway!"
+1
8 mins

rights to use and exploit

Or "Rights of use and exploitation". It's not that they "mean" the same thing, but often used together - such as in the use of a trademark, which may be used (and exploited) for instance for whatever purposes contractual agreed upon.
Peer comment(s):

agree Johannes Gleim :  "Rights of usage and exploitation". The first term refers often to properties, the second to undertake, to run or operate an enterprise.
3 hrs
Merci!
Something went wrong...
+2
22 mins

right to use or exploit

No. The right to use doesn't necessarily indicate the right to make money from that specific content by reproducing it or license it etc. That is the right to exploit.
Note from asker:
Thank you Paola, that's really helpful. Catharine
Peer comment(s):

agree Shabelula : I like the way you clarified it
2 hrs
agree Johannes Gleim : "Rights of usage and exploitation". Same comment as to Timothy.
3 hrs
Something went wrong...
40 mins

Usage rights

An alternative translation to the ones provided above

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Note added at 41 mins (2020-02-17 18:43:20 GMT)
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Provided below**
Peer comment(s):

neutral Johannes Gleim : To which of both terms?
3 hrs
Something went wrong...
3 hrs

user or exploitation right

The asker is right - the term NB user right is interchangeable for both words: see the first web ref.

No patent here, but marques so no operation or running.

Agree with Paola, except for the bog-standard 'user rights' formulation.

Example sentence:

Persons enjoying exploitation rights may bring such actions unless that has been expressly excluded by agreement with the holder in the case of an exclusive exploitation right or by the Office pursuant to Articles 29 or 100 (2).

Peer comment(s):

neutral Eliza Hall : Wrong. Logiciels (software) can be operated or run. PS: Sav.-faire = know-how and is "used" (the other verb here): https://www.lawinsider.com/dictionary/company-know-how
16 hrs
savoir-faire can neither be run nor operated. plus user and exploitation/ copyright etc. *working* rights are standard in IP (intellectual property).
Something went wrong...
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