Fórum EMB de Discussões
[  EMB's Main Menu  |  Forum Index  |  Cadastro  |  Search  ]
   
ENGLISH
PORTUGUESE
 LINGUISTICS & CULTURE


Autor:  Ana M
E-mail:  não-disponível
Data:  23/OUT/2005 12:08 PM
Assunto:  Power of Attorney
 
Mensagem: 

Hi J. Santana!
Thank you for submitting more of this text so I can attempt evaluate it. First of all, I think the reason you are having difficulty with this is because it is apparently not written by a "native" English/American attorney. I have always found this to be the case in attempting a translation: The tracts that give you the most trouble are ones that, for one reason or another, are not written correctly themselves, have typos or whatever, or just are not translatable. That said, the closest I can come to defining "any itself" within this context is "and to file any document itself" or "and to originate and/or file any document itself," "itself" meaning the people who are being given said Power of Attorney. So, it would "meaning-wise" read something like: to file complaints, denouncements, grant pardon and to originate and/or file any other document (necessary to retain) all the inherent faculties of a General Power of Attorney . . .
While I'm no lawyer, I have worked as a legal secretary and as a "word processor" in a law firm and have seen many a legal document. As difficult as legal documents are to read and understand, somewhere within the text the nouns and verbs must correspond with each other, as they do not always seem to do within this sample you have provided, which leads me to believe that this document is itself a translation into English from another language (and/or it has been made by combining several documents into one to create some sort of "cover all" document, since it covers such a wide range of rights: patent protection, integrated circuit design, plant varieties, advertising, etc.)
Here are the errors I see within this text (there could be more):

Hereby, ample, complete and sufficient Power of attorney is granted to you, so that jointly or separately in our name and behalf appear(1) in action before any kind of Administrative or Judicial Authorities and natural or juridical private persons, to present any kind of legal actions, applications and writs; to carry out any kind of procedure; to intervene in diligences (2), to answer interrogatories, to desist, to abandon procedures and authorize with your signature all kind of documents (3); to pay fees taxes and any other expense that may be necessary for the constitution, obtainment, maintenance and defense of our Industrial , Intellectual and Artistic Property Rights and Breeder’s Certificate of Plant Varieties  in the Mexican Republic, such as Patents, Utility Models, Industrial Models and Designs, Lay-out Designs of Integrated Circuits Plant Varieties, Trademarks, Service Marks , Trade Names, Commercial Advertisements or Slogans, Industrial Secrets and Copyrights to renew them, demonstrate their use or exploitation, as well as filing oppositions or consents related to Trademark Registration Applications of third parties, to perform restrictions, voluntary cancellations and clarifications over our registrations; to hear, receive, reply and resort to any notification and resolution ; to promote Appeal  Lawsuits (Amparos) or appear in court to such lawsuits as injured third party; to apply for Administrative Declarations of Nullity, Cancellation or Extinction of third parties registrations(4) or infringements of Patents Trademarks, Plant Varieties, Lay-out Designs of Integrated Circuits Industrial Secrets and any Industrial Intellectual or Artistic Property Rights; to file complaints, denouncements, grant pardon and any itself, all the inherent faculties(5) to a General Power of Attorney for litigations(6) and collections, granted with all the general faculties and the special ones which require special clause, according to the Law, including those ones  to substitute(7) total or partially the Present Power of Attorney; to confirm or to revoke any previous action taken by you or by any third person in our behalf. This Mandate(8) revokes any other previously granted to any different person or persons from the ones hereby authorized, for the purposes specified in this instrument.


1.  I still believe something is missing here and that it should read something like:
so that jointly or separately in our name and behalf you may appear in action before any kind of
This omission could quite easily have happened because, as you know, in for example Spanish and Portuguese the "you" is incorporated into the verb form. Portuguese: You may appear = apreça/apareçam [I stay away from Spanish verb conjugation to avoid total mixup w/Portuguese.]
2.  This is no document or "action" ("action" being a catchall term for a lawsuit or any court proceeding) known as a "diligence" that I am aware of. There is the legal term "due diligence" which means basically that the party has behaved or should behave responsibly (Google it for the exact definition).
3.  This should be either 1) all kinds of documents OR 2) any kind of document.
4.  This should read: third-party registrations
5.  As cited in my answer today to your original question, I think something is missing here and that it should read something like: … any other document (necessary to retain) all the inherent faculties …
6.  Litigation is not used in the plural form; this should read "litigation and collections," though would probably be better expressed as: litigation and collection.
7.  Being picky, this is not expressed well and I don't believe "ones" is correct. I think this would read better as:  including those which substitute ...

8.  Mandate. Hmmmmm  This document is a "Power of Attorney." There is often at the beginning of a legal document a guide to what sort of other names might be used in shorter form within. Example: John Smith herein referred to as "claimant." In this document, there would need to be something at the beginning mentioning something like: … "Power of Attorney" herein referred to as "Mandate." This further leads me to believe that this is actually a compilation of more than one document to create a totally new one.
Hope this is of help to you, J. Santana. It's been a fun challenge :) 
Um abraço,
Ana


Envie uma resposta
Índice de mensagens


 English Made in Brazil -- English, Portuguese, & contrastive linguistics
Power of Attorney  –  J. Santana  22/OUT/2005, 6:53 PM
 Power of Attorney  –  Ana M  23/OUT/2005, 12:08 PM
Power of Attorney  –  Ana M  23/OUT/2005, 12:18 PM
Power of Attorney  –  Ana M  23/OUT/2005, 12:40 PM
Power of Attorney  –  J. Santana  23/OUT/2005, 6:24 PM

Contents of this forum are copy-free.
By S&K