This site uses cookies.
Some of these cookies are essential to the operation of the site,
while others help to improve your experience by providing insights into how the site is being used.
For more information, please see the ProZ.com privacy policy.
Chinese to English translations [PRO] Law/Patents - Business/Commerce (general) / Non-Disclosure Agreement
Chinese term or phrase:otherwise than
"Proprietary Information" means any and all information relating to the Discloser's business, technology,........................................................, but excluding information which: "is or comes into the public domain otherwise than by disclosure or default by the Recipient;"
Explanation: 似乎是合同常用表达： phrase legal. in any way except the way that you are mentioning. 这句话应该是说(Proprietary Information)不包括那些“并非因接收方披露或失职（无意泄露）而（已经）在/进入公共领域的信息”。
is like saying "USA is Norther America"/"China is Asia", which is nothing but illogical. But it is OK to say "the information is public domain", in which case you take "public domain" as an adjective other than a noun.
What I got from the Eng-Eng Kudoz is that if "public domain" can be used after "is", it should NEVER ever has "the" before it. When it goes after "is", "public domain" is no longer a noun.
“public domain” 是可数名词，不可能不加冠词除非是以复数形态出现。另外，加冠词的单数名词也不一定是特定，也可以指一般性而言。（如果我记得没错的话，以前好像也曾经跟你在别的贴文里讨论过冠词的用法。） 另外，你可能还没厘清information后面的两个述词补语： information which IS the public domain 就是 public-domain information （或public information）所以两个补语是有明确的不同范畴指涉。（ie. 公领域信息 和 并非因接收方披露或失职而进入公领域的信息） 如果是"information which is in the public domain" 跟 “information which comes into the public domain by...." 则两者在范畴上反而是有重叠的。 我想没有必要再花费太多篇幅继续讨论下去。我只是就我所了解和看过的文法表达意见。语言本身就具有多样性的变化，个人只是觉得不同的不一定就是有错误。也许作者的想法跟你们的完全一样，但是英文文法在这样句子里还没发展到有没有 in 会有明显重大的意义上的差别，或许也只是文体decorum的习惯而已。
不管你怎样argue what role "public domain" plays grammatically in the sentence, the author used the sentence to make 2 points: 1) information that has already been existing in the public domain; 2) the information has come into public domain but such an entry into public domain has not been caused by the fault of the recipients. "在/进入公共领域的信息" 这样的表达实际上把这两种情况囫囵地说成了一种。
I checked the definitions of this term in various legal dictionaries from which it may mean "the status", "a written work", "the right", and so forth. Thus, how this term is used should be based on how it is defined.
It's a semantic issue. "In" is a preposition with its own denotation. Therefore, you cannot make it a universal rule that it be used in all instances, at least not in this case, I guess, or the alternative sentence that I just suggested.
I have no idea, as I am not the author of this contract.
From the research results made over the Internet, it seems to me that in most of the cases, drafters of such intellectual property rights documents are more likely to include "in" in such documents.
Shirley said: is: (linking verb) used to say that someone or something IS the SAME as the subject of the sentence. But it also means "to constitute the same class as" and "to belong to the class of". https://www.ldoceonline.com/dictionary/be
Is it possible the author WANTED to cover both meanings here?
In some legal documents, another expression "is or becomes in" is used instead of "is in or comes into" or "is or comes into". Thus, I believe the use of "in" here should be necessary.
Please note that "like "be", "become" is also a linking verb.
the lack of "in" does introduce ambiguities to the meaning of the sentence.
is: (linking verb) used to say that someone or something IS the SAME as the subject of the sentence. But it also means "to constitute the same class as" and "to belong to the class of". https://www.ldoceonline.com/dictionary/be
The use of "in" limits the meaning of the sentence, as it is used as a function word to indicate inclusion, location, or position within limits. https://www.merriam-webster.com/dictionary/in
..., but excluding: 1. information which is public domain (general information) 2. information which comes into the public domain otherwise than by disclosure or default by the Recipient (specified information)
There is nothing wrong with the sentence "the information is public domain." The Be-verb "is" is a linking verb which is used to "re-identify the subject." http://www.grammar-monster.com/glossary/linking_verbs.htm To render it into Chinese, I'd say PkChank's "屬" is a better way to translate and understand it.
I agree with you that it seems there should be a 'in' or 'part of' after 'is'. I'm just not sure if that is necessary. 我不是英语专业的，语法知识非常缺乏，遇到这类问题时讲不出道理来。希望有更多的人参加进来讨论。
在“is or comes into the public domain”中， is 接哪里？is into the public domain？这样的话属于用词不当或语法错误。似乎缺少句子成分。
Automatic update in 00:
Answers
2 hrs confidence:
除了......之外
Explanation: 似乎是合同常用表达： phrase legal. in any way except the way that you are mentioning. 这句话应该是说(Proprietary Information)不包括那些“并非因接收方披露或失职（无意泄露）而（已经）在/进入公共领域的信息”。
Patrick Cheng United States Local time: 00:29 Specializes in field Native speaker of: Chinese PRO pts in category: 8
Login or register (free and only takes a few minutes) to participate in this question.
You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
