Traduction Trademark License Agreement

20Transrading technical terms across legal systems is particularly complex. For example, the agreement can be translated by accordo, but the term contratto is preferred in the TTs analysed as well as in the corpus C3 to underline the validity of this agreement. In the SL, the difference between the contract of conditions and the agreement is very subtle. It has been found that “the term `agreement`, although it is often used as a synonym for the word `contract`, is really an expression of greater breadth of meaning and less technicality. Each contract is a contract, but not all contracts are a contract”2 (Garner 2009: 365). Technically, the definition of contract is “the agreement between two or more parties that creates enforceable or otherwise recognizable obligations” (Garner 2009: 365), while an agreement speaks broadly of “mutual understanding” (Garner 2009: 78). From a more general point of view, the concept of agreement can be used specifically as a synonym for contract or be conceived as a broader concept with different forms of consent or consent (see also Burke [1977: 447-452] for a discussion on the fixed-term contract and Burke [1977: 75] on the agreement). In practice, the concept of agreement seems more widespread. All the companies studied use it in the type of documents analyzed here and, for reasons of consistency, the same term is used in all documents. The contract appears only as an intertextual reference to other texts (e.g.B.

“This license is not subject to the UN Convention on International Goods Contracts,” APPLE-EN). The word agreement could be translated into both contractto and accordo. The use of contratto in all TTs is consistent with the Italian section of the comparable corpus, which shows the use of the term contratto in all texts written in Italian and demonstrates a preference for this term which emphasizes the applicability of the document (De Palma 2012). Therefore, it can be argued that lexical decisions in the contractual language of the US A are characterized by a certain degree of predictability and that the identification of a certain type of text results in a limitation of the potential terms to be adopted. 43 This analysis should not be exhaustive on how the complex process of translating a specialized legal text presents itself. However, the conclusion outlined below could be subject to an external validity review taking into account other TTs belonging to the same category of text or in accordance with the translation strategies adopted in the context of the translation of these final user licensing agreements to be implemented in other countries, characterized by different linguistic, cultural and legal contexts. Another interesting aspect would be the study of the original English USA, the versions adapted for the international market, made available to translators and representing their TTs, and the final TTs.

This article was written by: SignEx