Glossary entry

French term or phrase:

jouissance paisible

English translation:

peaceful enjoyment

Added to glossary by Jeremy Smith
Mar 17, 2020 11:51
4 yrs ago
81 viewers *
French term

jouissance paisible

French to English Law/Patents Law: Patents, Trademarks, Copyright Rights agreement relating to photographs
Yes, I know we've had this and similar before, but I am raising it again because I'm not 100% satisfied with previous answers.
I'm very uncertain as to whether "quiet enjoyment" is the right term for the use of media; doesn't it relate only to the occupation of premises?

Serious suggestions please, no guesswork by people unfamiliar with this kind of text.

TIA

Here is the sentence:

XXX garantissent à YYY la jouissance paisible des droits cédés gracieusement sur les photographies dans le cadre de la présente convention.
Change log

Mar 20, 2020 17:10: Jeremy Smith Created KOG entry

Proposed translations

+4
33 mins
Selected

peaceful enjoyment

This suggestion is essentially the same as your own, but this is the only translation I have seen in legal texts. Although it mainly relates to property/real estate, it is also used in reference to possessions. I did also just find "unfettered enjoyment", but I feel that overreaches what is meant here.
Note from asker:
thank you!
Peer comment(s):

neutral philgoddard : I've never seen this term used in intellectual property law, and I think it may be a mistake by the writer.
55 mins
agree Adrian MM. : This is wide enough to cover the enjoyment e.g. of any licensing 'rights assigned'. Otherwise: quiet enjoyment (of land); quiet possession of goods (s. 12 UK Sale of Goods Act 1979) and quiet title (US/ IP, patents - but not 'title to rights assigned').
2 hrs
agree Germaine : although "quiet enjoyment" is usually used - juriterm.ca
3 hrs
agree Eliza Hall : @PhilGoddard, I have seen this term used in the context of IP rights. Example: https://www.lawinsider.com/clause/obligation-to-protect-the-...
3 hrs
agree Daryo
4 hrs
Something went wrong...
4 KudoZ points awarded for this answer.
-1
20 hrs

peaceful possession; lawful possession

for "jouissance paisible et utile",
from the Council of Europe French-English Legal Dictionary
by F. H. S. Bridge, Council of Europe
Peer comment(s):

disagree Daryo : CL5 for 2 different translations that are NOT synonyms? Which one is supposed to be the right one for this ST??
13 hrs
I was simply providing a reference to help GUIDE the translator, from a reliable source.
Something went wrong...
-1
20 hrs

lawful exercise (of the rights...)

Oh, this seems the most fitting, in the context of rights

I did a search for "jouissance paisible" and "lawful * rights" and found an example citing copyright law. Then I google searched "lawful exercise of rights" to peruse the hits...
Peer comment(s):

disagree Eliza Hall : This is a different concept. Jeremy's translation is the correct one for the legal concept in question.
13 hrs
agreed!
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search