... für gegeben zu erachten ...

English translation: to consider as extablished

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:... für gegeben zu erachten ...
English translation:to consider as extablished
Entered by: Antoinette-M. Sixt Ruth

22:58 Jan 17, 2012
German to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright
German term or phrase: ... für gegeben zu erachten ...
Context:

Ein Verletzungsgericht ist gehalten, den Rechtsbestand eines erteilten Patents für gegeben zu erachten.

My attempt:
An infringement court is required to consider the legal validity of a patent granted a established.

Is this appropriate?
Antoinette-M. Sixt Ruth
Local time: 03:53
to consider as extablished
Explanation:
An infringement court is required to consider the legal validity of a granted patent as establilshed.
Selected response from:

RosiePinhorn
Grading comment
Thank you very much who responded.
Antoinette
4 KudoZ points were awarded for this answer



Summary of answers provided
3assume/ take it as read
Nicola Wood
3... to take [the legal validity of a patent granted] for granted
Sebastian Witte
3to consider as extablished
RosiePinhorn
Summary of reference entries provided
Some background
Alison MacG

Discussion entries: 2





  

Answers


8 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
assume/ take it as read


Explanation:
The way I read it is that they will assume, or take it as read, that the patent is legally valid (since it has already been granted). In other words, their job is not to decide whether the patent is valid, but whether it has been infringed.

Nicola Wood
Austria
Local time: 09:53
Native speaker of: Native in EnglishEnglish
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8 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
... to take [the legal validity of a patent granted] for granted


Explanation:

Infringement courts are required to take the legal validity of a patent granted for granted.

Infringement courts shall consider the legal validity of a patent granted to be the case.

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Note added at 9 hrs (2012-01-18 08:03:51 GMT)
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http://www.google.de/search?q="I considerthis to be the case...


    Reference: http://www.dict.cc/englisch-deutsch/to+take+for+granted.html
    Reference: http://www.dict.cc/?s=gehalten+sein
Sebastian Witte
Germany
Local time: 09:53
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 48
1 corroborated select project
in this pair and field What is ProZ.com Project History(SM)?
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10 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
to consider as extablished


Explanation:
An infringement court is required to consider the legal validity of a granted patent as establilshed.

RosiePinhorn
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 4
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Antoinette
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Reference comments


12 hrs
Reference: Some background

Reference information:
(which may also give you some additional ideas on appropriate wording)

A presumption of validity
(...) This philosophy of considering a patent to be a legal right with a presumption of validity, rather than something which had to be proven again from square one, found its expression in the principle of separation, which is still used today in German courts. According to this principle, a special patent court re-examines the validity of a patent, while a separate infringement court deals with the issue of infringement and presumes the patent to be valid.
http://www.iam-magazine.com/issues/Article.ashx?g=7e20eb5e-d...

It is unique not only in Europe but also in the entire world that the judge dealing with an infringement case is bound by the facts of patent grant and is not authorized to question the legal effectiveness of the patent. The judicial examination of legally granted patents is not the task of the infringement court but of the German Federal Patent Court (in first instance) and the German Federal Supreme Court (in the second instance) in a separate revocation procedure.

The grant of a patent is an administrative act conferring a benefit, that is, substantiating an exclusive right and a right of use. For this solely (in the case of lawful grant) the German Federal Patent Court and the Federal Supreme Court have exclusive examining competence. So long as a patent is formally effective, the infringement court is bound by it (effect of the fact) and must accept the patent as it was granted.
http://books.google.co.uk/books?id=OJsJUz8QHkYC&pg=PA405&lpg...

Alison MacG
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 103
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