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embraced

French translation: font partie de

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:are embraced by
French translation:font partie de
Entered by: Thomas T. Frost

22:50 Feb 12, 2015
English to French translations [PRO]
Law/Patents - Law (general)
English term or phrase: embraced
Hi,

I am translating a legal document, a non-disclosure agreement.

The sentence says : For the purpose of this Agreement, specific disclosures made hereunder shall not be deemed to be within the foregoing exceptions merely because they are embraced by general information in the public domain or in receiving Party's possession and combinations of features disclosed hereunder shall not be deemed to be W'ithin the foregoing exceptions merely because individual features of such combinations are in the public domain or in receiving Party's possession, none of which shows the combination itself or its principle of operation o method of use.

My issue is : embraced by general information in the public domain or in receiving Party's possession.
Les informations sont adoptées comme informations générales tombées dans le domaine public ou lorsque la Partie reçoit ce qu'elle possède/son bien... Je ne vois pas le sens de 'receiving Party's possession'.

Any light on this?

Thanks,
VeroniquePhelut
Local time: 19:40
font partie de
Explanation:
They are referring to information already in the public domain, simply expressed more formally as "embraced by", meaning "included in". Since this is legalese, there is perhaps a more formal expression than "font partie de". This is a long, clunky phrase, so you'll have to see how it works best in French.

"or in receiving Party's possession" simply means 'something the person (to whom this is being disclosed) already knows'.

The meaning in an NDA is usually that confidentiality does not concern information that is already known to the public. E.g. if a confidential document mentions that the capital of the UK is London, then you are not breaching the agreement by writing in a blog that the capital of the UK is London.
Selected response from:

Thomas T. Frost
Portugal
Local time: 19:40
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2font partie de
Thomas T. Frost


Discussion entries: 2





  

Answers


55 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
are embraced by
font partie de


Explanation:
They are referring to information already in the public domain, simply expressed more formally as "embraced by", meaning "included in". Since this is legalese, there is perhaps a more formal expression than "font partie de". This is a long, clunky phrase, so you'll have to see how it works best in French.

"or in receiving Party's possession" simply means 'something the person (to whom this is being disclosed) already knows'.

The meaning in an NDA is usually that confidentiality does not concern information that is already known to the public. E.g. if a confidential document mentions that the capital of the UK is London, then you are not breaching the agreement by writing in a blog that the capital of the UK is London.

Thomas T. Frost
Portugal
Local time: 19:40
Works in field
Native speaker of: Native in DanishDanish, Native in EnglishEnglish
PRO pts in category: 8
Notes to answerer
Asker: Thanks Thomas, makes a lot more sense now.


Peer comments on this answer (and responses from the answerer)
agree  Simon Charass: I was going to propose the same thing.
18 mins
  -> Thanks
agree  Chakib Roula
6 hrs
  -> Thanks
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