Legal Translation

Legal Translation BAYU DEWA MURTI, M. HUM.

All about legal document translation 

Translation of Legal documents is a complex task  demanding a high degree of responsibility. 

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Hiring a freelance translator in this regard will  come as a risky move as a legal translated  document has to pass through rigorous quality  checks, proofing and above all it should stand  valid in a court of law which cant be delivered  by a freelancer. 

Condition to consider 

Since every country formulates its laws based on its culture and other native factors,  translation of legal documents warrants in-depth  expertise of both the languages and availing the  services of a general translator may hamper your  personal as well as your entity's reputation. 



It is therefore imperative to pick a service  provider which leverages local translators with  a comprehensive understanding of law and are  highly proficient and experienced. 

Condition to consider 

While you may be of the opinion that legal  documents are utilised only in courts and the  segment still ranks in a niche category. The world however is fast becoming a global village  with large enterprises marking their presence  across different nations. 



Professionals are also migrating to other  countries and raising families in different  cultures which in turn is fuelling legal problems  in business as well as in personal domains. In such a scenario, the significance of legal document translation can't be ruled out. 

Condition to consider 

Not just a regular translation service It is also important to mention that a translated version of your legal document stands valid in a foreign land only if it is certified by a sworn translator, an authorised professional possessing the right to utilise a translated document. 

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Translation of a legal document is completely different from a certified translation as the latter may not be legally valid in a foreign nation.

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A top notch legal document translator furnishes documents which incorporates the impressions of the sworn translator as well as the seal of the local court, making it accountable in a court of law. 

Condition to consider 

Confidentiality is of paramount importance As many legal documents come as a confidential property, it is also important to ensure that the information shared for translation meets high  standards of privacy regulations and the conversations with clients remain confidential.

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Since even a flimsy error when it comes to translating legal documents can have a severe impact on court's decision, you should always bet your money on a translator which holds a high reputation and experience in the legal translation industry. 

Condition to consider 

Legal translation projects are also enveloped with stringent deadlines since they are demanded in court and any delay in this regard may render them obsolete. 

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The translation agency should also have a firm understanding of where exactly the translated legal document will be utilised and should decide on its execution approach accordingly. 

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Some common examples of documents which demand a legal translation include application letters, birth certificates, financial statements, litigation documents, business agreements, patents, service level agreements etc. 

What You Should Know About Legal Translation  Every

Legal Translator Must Have Skills

 Correlation

Between International Business, International Law and Legal Translation Services

 Differences

in Legal Systems and How They Affect a Translation

 Materials

Necessary for Legal Translation

International Law and Municipal Law  International

Law

governs

laws

between

nations.  Municipal

law governs the laws of individual nations and states.

 Legal

translators must be aware of both international and municipal laws that affect the translation text and subject matter.

Two Skills Every Translator Must Have: 1.

A fluent understanding & cultural comprehension of original & target languages

2.

A firm grasp of the law of both countries involved in the legal translation



The level of these two skills will determine the quality of a legal translation.



Translators must uphold the integrity of legal information, but also retain nuances of the language and writing style of the author in translation to the target language.

How it Relates to International Business Translations Most international business translations will work through this division:  International  Overseas

contracts

shipping regulations

 International

real estate

 Lawsuits  Foreign

payments and financial transactions

Characteristics of legal English: Specialized discourse  Ever

greater interest by linguists in distinguishing the characteristics of the various genres which make up a language.

 Specialized

discourse is concerned predominantly with the language used in professional and institutional settings, e.g. In business, hospitals, schools, universities, the courts etc.

Different types of legal discourse  The

legal discourse community is made up of lawyers, judges, and all those involved in drafting laws. The ‘insiders’.

 There

are different types of legal discourse: e.g. the language used between lawyer and client or between two lawyers; the language of the courts (much of which is oral); the language of law reports and academic texts on legal matters; the language of legal documents.

What makes LT different with any translations? 

Every country has its own legal terminilogies as well as legal system.



The source text is structured to follow the legal system that conforms to its own legal terminologies and culture.



The legal method of the source text is prepared in a way that suits that ethnicity and this is replicated in the legal language; in the same way, the target text is to be read by someone who is familiar with another legal system and its language. 

Rules for Legal TRanslators  Translation

must be taken from original copies



It should be translated completely and accurately.



It should approximately follow the format and layout of the source text.

 The

translator cannot change any name of people, titles and marks of nobility, not even the spelling of that name. It should be taken from original document. 

Basic Types of Legal Documents • Instrument – This is a formal legal document that grants (or proves the grant) of a right. Examples: Deeds, Wills, Mortgages, etc. • Pleading – This is a formal statement by a party in the context of litigation. Examples: Complaints, answers • Document – This applies to any other communication set to a permanent medium that is relevant to a legal issue. Examples: Police reports, photographs, letters, etc.

Types of Legal Instruments • Contract – Any written agreement can fall under this heading • Deed – This transfers any interest in real estate Including easements, mortgages, etc. • Business Documents -- Article of incorporation, bylaws, partnership agreements • Will/ Codicil – These are special legal documents that allow gifts to be given after one’s death • Trust – Establishes an agreement whereby the trustee agrees to hold property for the beneficiary

Obtaining Background Information • Preparation and execution of any legal task

requires, at its threshold, certain information from the clients. This can be obtained at an interview and/or through a questionnaire. This information includes: – Family information – Financial information and which other advisors the client is working with – Employment information – Health information – Important documents relevant to the client – (If a civil action) All information and documentation relevant to the case

General Form of Legal Writings • For the most part, you can choose your own type of paper, ink, etc. However, for certain instruments and in papers submitted to a court, there are often rules regarding these things, which must be followed. • Court that have such rules often publish them in a circular that can be obtained from the court. • Always ask the clerk when in doubt!

Some physical aspects to Legal Documents • Paper – Use letter size in general; legal size is sometimes used as well and may be required for certain types of instruments such as deeds • Typeface – Use a conservative, traditional font • Margins – Make sure to use margins big enough to make reading comfortable; such as 11.5 inch margins • Spacing – Pleadings and some instruments should be double spaced – Most other documents can be 1.5 spaced – Letters are often single spaced

Special Components of Legal Documents • In addition to the body of the document, legal documents often must contain: – Caption (for anything submitted to the court) – Heading (for most legal documents, including letters, etc.) – Place for signatures, especially for instruments – Acknowledgment/ space for the document to be notarized, where appropriate – Filings with the court often must also have space for the attorney to sign as well

Special Mechanical Rules for Legal Documents • The following are often put in ALL CAPS: – Names of people or businesses, organizations, etc. – Title of the instrument – Header words of important paragraphs (e.g., “WHEREAS”) • Grammar and spelling – Correct grammar and spelling are important not only to avoid changing the meaning of the document, but also to present an aura of professionalism. • Numbers are often written in both English and Arabic numbers; e.g., – Ten thousand Dollars ($10,000) • Page numbering – The first page is not numbered; all subsequent pages are numbered at the bottom center.

PrePrinted Forms • Sometimes, courts or other agencies will have specific forms that they will require for certain tasks. To use such forms: 1. Some may be available in Word (or similar) format. There can be filled in easily on your computer. - Sometimes, courts require affidavits that you did not change anything substantive about the form so that the clerk does not have to read through the entire form. 2. If you cannot secure these forms in Word (or similar) format, the best thing is to fill it in with a typewriter, though very neat print writing is usually also accepted.

What is a Patent? A

legal protection which gives an inventor the right to exclude others from performing certain activity in the country of issuance

 Sanctioned

monopoly for a set number of years in exchange for disclosure to the public

 Does

not give the inventor the right to make, use or sell the patented invention

Why Patent an Invention?  Source

of recognition for the inventor(s)

 Incentive  License  Start

to develop a commercial product to an existing company

up a new company

 Protection

against imitators

What Can Be Patented? Must be: 

Novel: not previously known or used by others



Useful: have a known use or produce a concrete and tangible result



Non-obvious:



1.

Is it obvious to PHOSITA (Person Having Ordinary Skill In The Art)

2.

Can not be found in a single or reasonable combination of patents that would yield a predictable result

Can not be: 1.

Idea

2.

Law of Nature

Publication Vs. Patent Scholarly Publication

Patent



Authorship somewhat negotiable



Inventorship a matter of law



Must have done the work





Effort paramount

“Constructive reduction to practice” encouraged





Future ideas can interfere with subsequent patentability

Conception paramount



Disclosure of ideas for as many future uses as possible strengthens the patent



Only directly comparable results can lead to loss in priority



Results from analogous systems can result in prior art and obviousness rejections

What are the Parts of a Patent? 

Abstract



Background of the Invention



Summary of the Invention



Figures with brief descriptions



Detailed description or “specification”



1.

Fully discloses what the invention is

2.

How it is made?

3.

How it can be used?

Claim(s): sets the legal boundaries of protection 1.

Independent

2.

Dependent

3 Different Types of Patents Utility Patent

Plant Patent

Most common type granted



Distinct & new variety of asexually propagated plant



Ornamental appearance of an article of manufacture



Not by tuber propagation, found in an uncultivated state, or by seeds



Design and the applied object are inseparable



Can also be protected by a utility patent if it meets those requirements



Ex. surface ornamentation of flatware

Works to produce a useful result 

Process (ex. making a new chemical or a new business method)



Machine (ex. camera)



Article of Manufacture (ex. carpet)



Composition of matter (ex. adhesive)





Can also be protected by a utility patent if it meets those requirements Ex. hybrid rose plant with a novel color

Design Patent

How Does One Obtain a Patent? 

First assessment for whether or not the invention is patentable AND marketable



File provisional application (~$10K)



International (PCT Application) (~$20-30K) – nonbinding examination and allows an applicant to postpone the applications for up to 30 months



US Utility Application (~$20-30K) – binding examination



Examination rounds and appeals require more time and money



Total average cost of a US patent: $50K



Total average time to obtain a US patent: 3-6 years

Approach to Obtaining a Patent & Commercialization EVALUATE

FILE PROVISIONAL APPLICATION (~$10k)

~3 MONTHS DISCLOSURE

INITIAL PUBLICATION



Disclosure: Ideally when you can describe both what the invention is and what it accomplishes



Evaluation: 

Can this invention be patented? 



Is there any prior art? Is this invention new, useful, & non-obvious?

Is it worthwhile to patent this invention? 

What product could come from this patent? Is there a market for said product?



Provisional application: Preserves worldwide rights against initial disclosure; gives you 1 year to decide whether or not to pursue patent



Initial publication: If you publish prior to filing a provisional application you lose the rights to file internationally

Approach to Obtaining a Patent & Commercialization FILE PCT (~$25K) 12 MONTHS

PCT PUBLICATION 6 MONTHS

8 MONTHS RE-EVALUATION 

Patent Cooperation Treaty (PCT): an international application which claims priority to a provisional US application & have option for protection for up to 111 countries.



Non-confidential disclosure (NCD) is generated and summarizes the technology as well as the unmet need/opportunity.



During this phase more marketing & search for licensee should be completed. If there is no market or the market is too narrow, then the application may not be pursued past this point.



After the re-evaluation there may be additional publications with interesting animal data, prototyping, or further commercialization

Approach to Obtaining a Patent & Commercialization ENTER NATIONAL PHASE & PROSECUTION(~$20K) 12 MONTHS

RE-EVALUATE

RE-EVALUATE



Continuation of marketing/finding a licensee as well as additional publications



National stage applications with expensive examination rounds



Rarely get this far in the patent process without a licensee

Overview of Pathway to Commercialization FILE PROVISIONAL APPLICATION (~$10k)

EVALUATION

3 MONTHS

FILE PCT (~$25K)

12 MONTHS

8 MONTHS

DISCLOSURE INITIAL RE-EVALUATION PUBLICATION

ENTER NATIONAL PHASE & PROSECUTION (~$20k)

PCT PUBLICATION 6 MONTHS

12 MONTHS RARELY GET THIS FAR W/O LICENSEE

ADDITIONAL PUBLICATIONS W/ INTERESTING ANIMAL DATA, PROTOTYPING, FURTHER COMMERCIALIZATION

RE-EVALUATION RE-EVALUATION

Intellectual Property Type aspect Copyright

Trademark

Patent

Artistic, literary or dramatic expressions such as songs, music, motion pictures, poetry, fiction and non-fiction writings, etc.

A company or brand’s “mark” (e.g. its name, logo, motto etc.) which distinguishes it as the source of any services or goods.

An invention which must be a manufactured product, an apparatus, chemical composition or a manufacturing process.

Protection Requirements Aspect Copyright

Trademark

Patent

A materialized form of artistic expression which exists as a tangible entity. Ideas cannot be copyrighted.

A unique brand name, logo, symbol, design or motto which is distinctive to its representative source.

An invention which is innovative, previously undiscovered and has practical applications in any industry.

Duration of Rights Aspect Copyright

Trademark

Patent

Copyright laws apply to the intellectual property for the duration of the artist’s life plus 70 years.

Trademark laws last forever provided that the mark in question is actively in use by the source in commerce.

Patents are limited duration intellectual property rights which last a maximum of 20 years.

Rights Provided to Owner aspect Copyright

Trademark

Patent

Right to reproduce or copy the works, distribute or broadcast the works to the public, and lend or rent the work.

Right to use and prevent use by other parties in a manner that is similar and creates confusion about the source.

Right to use the invention and prevent others from using, recreating, importing or selling the patented invention.