Glossary entry

Spanish term or phrase:

plena disposición sobre los derechos

English translation:

full exercise of the assigned rights

Added to glossary by Rebecca Jowers
Mar 1, 2011 17:33
13 yrs ago
10 viewers *
Spanish term

plena disposición sobre los derechos

Spanish to English Law/Patents Law: Contract(s)
From a corporate agreement (Spain document into American English):

En esta Cláusula, Empresa A asegura a Empresa B la plena disposición sobre los derechos que eran objetos de cesión en dicho contrato, y la asunción de cualquier responsabilidad en caso de que reclamación por infracción de derechos de terceros.

TIA!!
Change log

Mar 6, 2011 19:46: Rebecca Jowers Created KOG entry

Discussion

FVS (X) Mar 1, 2011:
Phil G Yes, I expect you have but the word has different meanings in different contexts, particularly when used in the more intransitive form of desponer de.
philgoddard Mar 1, 2011:
We've had disponer and disposición MANY times before - in fact we had a long debate on the former about a week ago. If you do a glossary search, it should answer your question.
FVS (X) Mar 1, 2011:
What it means is that A is warranting to B that A has full entitlement to exercise the rights which are transferred in the contract and assumes any liability for third party claims arising out of use of the rights infringing third party righs. This sort of clause will appear in contracts for transfer of intellectual property such as trademarks, copyright, etc.

Proposed translations

+3
45 mins
Selected

full exercise of the assigned rights

Since the contract referred to in your text appears to be an assignment ("contrato de cesión"), in my reading of the excerpt "derechos que eran objetos de cesión" refers to the "assigned rights" and, thus, in the the clause one party is ensuring/guaranteeing that the other will have the "full exercise of the assigned rights. It might read: "In this clause Company A warrants that Company B shall enjoy the full exercise of the rights assigned in that contract/agreement."

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Note added at 49 mins (2011-03-01 18:22:48 GMT)
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As soon as I hit the "post" button, I was able to read FVS's comment, with which I totally agree. I would clarify that in Spain "cesión de derechos" usually refers to the "assignment of rights", but you will know whether this fits from the rest of the context.
Peer comment(s):

agree FVS (X) : yes, with enjoy. Good. As you say, cesion is normally assignment although it can mean 'grant' of rights, ie without full transfer but we don't know without more context. If this were a license agreement it would probably be 'grant'. Not the question thoug
1 min
Thanks FVS // Yes, Sherry will know if this is an assignment, license, etc.
agree philgoddard
44 mins
Thanks Phil
agree Sandro Tomasi
1 hr
Thanks Sandro
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4 KudoZ points awarded for this answer. Comment: "Thanks so much Rebecca and everyone!"
33 mins

full transfer rights

Empresa A asegura a Empresa B plena disposición sobre los derechos que eran objetos de cesión en dicho contrato...

Company A ensures Company B full transfer rights established under said contract...
Peer comment(s):

neutral FVS (X) : Not really right to transfer, no.
4 mins
Thank you, FVS.
neutral philgoddard : Disponer is tricky, because it can mean both "possess" and "transfer". However, I think the former is correct here. We had a long debate about it recently: http://www.proz.com/kudoz/spanish_to_english/law_general/424...
56 mins
Thank you, Phil.
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