Glossary entry

English term or phrase:

generally known to the public

English answer:

already in the public domain

Added to glossary by Yvonne Gallagher
Jun 14, 2020 12:45
3 yrs ago
69 viewers *
English term

generally known to the public

English Law/Patents Law: Contract(s)
Dear guys,
I'm confused when translating the bold part.
Shouldn't it say "excluding information that is generally known to the public through no fault of mine"?

Context:

“Proprietary Information” also means all ideas, concepts, information and written material about a customer or any other third party with whom ABC LTD. does business, disclosed to me by ABC LTD., or acquired from a customer or any other third party with whom ABC LTD. does business, excluding information that is not generally known to the public through no fault of mine and which cannot be discovered or replicated by a third party without substantial expense.
Change log

Jun 16, 2020 14:20: Yvonne Gallagher Created KOG entry

Discussion

Nam Vo (asker) Jun 14, 2020:
@Lincoln Hui Thank you. I'm going to raise it to the Client, but just need to be sure that it's an error. There should be "not" in that bold part.
Lincoln Hui Jun 14, 2020:
Looks like an error.

Responses

+5
1 hr
Selected

already in the public domain

I'm not sure about the "not" being an error as I read it with this meaning

excluding ANY information NOT already in the public domain

So, there is proprietary information as in the list, which includes information know only to the company and also the info the company has shared with clients and third parties as listed here.

BUT any information that is ALREADY in the public domain (through no fault of mine) can be excluded as (being) "proprietary" (so not part of that list)

Yes, you could mention it to the client as they may want to make the source text clearer but that's the meaning

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Note added at 2 hrs (2020-06-14 14:58:44 GMT)
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OK yes, it's definitely clearer with the "not" omitted but read it nevertheless as already known to the public from the preceding context

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Note added at 2 hrs (2020-06-14 15:11:42 GMT)
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so yes, I should have said I'd raise it with the client to get them to remove the "not" in the ST

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Note added at 2 hrs (2020-06-14 15:19:23 GMT)
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yes, the writing needs to be tightened up for sure

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Note added at 2 days 1 hr (2020-06-16 14:20:53 GMT) Post-grading
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glad to have helped
Note from asker:
No, the information is not ALREADY in the public domain. The sentence is "excluding information that is NOT generally known to the public".
Thanks, Yvonne for your support! Even the last sentence right after it is confusing. I'll raise query, then :)
Peer comment(s):

agree Tina Vonhof (X) : Not should be deleted. The double negative is confusing.
1 hr
Thanks Tina. Indeed it would be a lot clearer
agree Lydia De Jorge
3 hrs
Thanks:-)
agree philgoddard
3 hrs
Thanks:-)
agree Charlesp
18 hrs
Thanks:-)
agree Dr. Jozsef Dikter : Such verbose ST-s are outcomes of (international) e-mail exchanges. The parties accepted them as final, there is no room for minor issues (no right to evaluate the client's performance).
1 day 7 hrs
Thank you!
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4 KudoZ points awarded for this answer. Comment: "Thank you :)"
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