Traduction Trademark License Agreement

Bocquet, C. 1994. For a legal translation method. Prilly: CB service. 9The main objective of this analysis is twofold: first, to examine the specificities of EU A as gender and to define the extent to which they can be considered hybrid texts; second, to determine what translation approaches and techniques are found in the body of eULAs. The small body of documents consists of six EULAs written in English and written by Computer Companies in North America (C1) and their Italian translations (C2). Six eULAs, originally written in Italian, constitute the Italian part of the equivalent sub-corpus (C3). In this case, only Italian software companies were considered. Indeed, several Italian-language EULAs are available for companies established in the Republic of San Marino. However, these agreements were not taken into account in order to ensure consistency and avoid possible divergences in a potentially different legal context.

Table 1 presents the names of the companies involved as well as the codes used to identify the texts in question for the purposes of this article. 12These agreements are usually introduced with a title identifying the nature of the contract: 38The analysis of the English agreements and their translations reveals some obvious differences, often the result of pragmatic needs. This happens, for example. B in the first part of the Microsoft Agreement: 16In the examples cited, the language clause (if any) always states that the English version regulates the agreement in all texts where English is the ST and where the same principle is presented in TTs. Similarly, all texts originally written in the Italian language, despite their transnational nature, find that the version in power is the Italian version and, in some cases, it is indicated that the translated versions have only an informative function. This indicates that, despite their legal validity, TTs believe a performative value slightly lower than that of TTs. 15As takes place in the prototypical structure of a contract, the various provisions of the agreement are subdivided into sections and subsections, and this structure increases accessibility and legibility. One of the provisions frequently contained in the US A is the `language clause`. Cao points out that the considerable increase in translations of private legal documents has increased the need for this clause, which aims to indicate which version of the document is predominant in the event of deviation and disagreement (Cao 2007: 86-87).

The quantity of goods and services sold in the global market makes the translation of license agreements particularly important. This study highlights why licensing agreements can be considered hybrid texts, which include some of the typical characteristics of legal texts as well as technical texts. It analyzes, from a qualitative point of view, the extent to which these aspects are maintained in translation. The analysis makes use of a small body of English licensing agreements and their Italian translations. A small comparable body of Italian texts has also been assembled for contrasting analysis. The aim of the study is to highlight the main problems in translating this specific type of text, the approaches and techniques adopted (such as transposition, expansion, addition and elimination). 14While the license agreement is a fixed date, it can be translated in a slightly different way. The TTs Contratto di licenza con the final utente (MS-IT) and Contratto di licenza per l`utente (HP-IT, COREL-IT) are often used, but while the first is also in C3 (IT-1), the second never appears in this body.

Another strategy that can be adopted is the removal of part of the title and the reduction to Contratto di licenza (LP-IT). This can be interpreted as a way to avoid redundancy and improve brevity without undermining the importance of the text (see section 3.3 for a more detailed discussion on the terms of the agreement and the treaty and their translation).