in Anspruch genommene

English translation: person held liable

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:in Anspruch genommene
English translation:person held liable
Entered by: volgil

00:27 Oct 7, 2014
German to English translations [PRO]
Law/Patents - Patents / patent litigation
German term or phrase: in Anspruch genommene
Hi, this assumes the 'person' 'in Anspruch genommen' is the holder of the infringing goods? Not too sure how to phrase this. Thanks in advance
Er setzt voraus, dass der auf Vernichtung in Anspruch Genommene im Zeitpunkt der letzten mündlichen Verhandlung Besitzer und/oder Eigentümer nach dem Vorschriften des Bürgerlichen Gesetzbuches der Schutzrechtsverletzenden Erzeugnisse ist
volgil
Local time: 10:02
person held liable
Explanation:
I don't specialize in patents, but here's what I'd suggest:

dass der auf Vernichtung in Anspruch Genommene … Besitzer und/oder Eigentümer … der Schutzrechtsverletzenden Erzeugnisse ist

that the person held liable for destruction is the owner and/or holder of the products that infringed proprietary rights
Selected response from:

Kim Metzger
Mexico
Local time: 03:02
Grading comment
Thank you
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1person held liable
Kim Metzger
3 +1the person against whom the claim (for revocation) [of a patent] was filed
TechLawDC


Discussion entries: 1





  

Answers


27 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
person held liable


Explanation:
I don't specialize in patents, but here's what I'd suggest:

dass der auf Vernichtung in Anspruch Genommene … Besitzer und/oder Eigentümer … der Schutzrechtsverletzenden Erzeugnisse ist

that the person held liable for destruction is the owner and/or holder of the products that infringed proprietary rights


Kim Metzger
Mexico
Local time: 03:02
Native speaker of: Native in EnglishEnglish
PRO pts in category: 39
Grading comment
Thank you

Peer comments on this answer (and responses from the answerer)
agree  Michael Martin, MA
33 mins
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
the person against whom the claim (for revocation) [of a patent] was filed


Explanation:
It is assumed that the person against whom the claim for revocation [of a patent] was filed was, at the time of the last oral hearing, a possessor and/or owner of the infringing products, according to the Civil Code.
(Apparently there are two claims in this action. Party B has filed a claim for revocation of party A's patent, and moreover has filed another claim against A for infringement by A of a patent held by B.)

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Note added at 1 hr (2014-10-07 01:56:07 GMT)
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Alternatively: the party against whom the claim (for revocation) [of a patent] was filed.

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Note added at 1 hr (2014-10-07 02:01:02 GMT)
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Alternatively: the party against which the claim (for revocation) [of a patent] was filed.

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Note added at 13 hrs (2014-10-07 13:35:10 GMT)
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In light of Metzger comment: Vernichtung here evidently means destruction of the infringing products, not revocation of a patent. Therefore my answer is changed to:
the person (or party) against whom (or which) the claim for destruction [of the infringing products] was filed.

TechLawDC
United States
Local time: 05:02
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
agree  Kim Metzger: http://www.gesetze-im-internet.de/patg/__140a.html - I'll go with your second solution: party against whom a claim has been filed
11 hrs
  -> Danke. Vernichtung (am ehesten) = destruction (von der Zeugnisse).
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