Abstract
This study aims to explore different causes for the mistranslation of legal terminology in international agreements that are enforced through domestic legislation, and attempt to provide some solutions. It is said that legal training will help legal translators to render terminology correctly. This should be held true because many legal terms from different legal systems are ‘false friends’, in that even a well-trained lawyer may need to undertake extensive legal and linguistic research to render them in another language or legal system. This study, by use of a comparison of several translated legal terms from People’s Republic of China (PRC) and Taiwan, shows that besides the cause of ‘legal knowledge’, the disparities between international law and national law and different legal traditions can also lead to an improper transfer of legal terminology. Examples of these terms are “Copyright piracy” (Daoban 盗版 vs. qinhai zhuzuoquan 侵害著作权), “Good Faith” (Chengshi shouxin 诚实守信 vs. shanyi 善意), and “Inventive Step” (Famingxing de buzhou 发明性的步骤 vs. jinbuxing 进步性). In order to enhance translators’ legal knowledge, it is proposed that they be presented with some substantive laws together with simple illustrations of their structures. Translators should crosscheck their translations against a wide range of sources at work.
Funding
The work described in this paper was supported by a Strategic Research Grant from City University of Hong Kong (Project No. 7002650) and acknowledgement is made to the research assistant Mr. Li Zhiyuan
Leander for his professional contribution.
Riferimenti bibliografici
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (English Version). Accessed September 30, 2013.http://www.wto.org/english/docs_e/legal_e/legal_e.htm#TRIPs
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). (Chinese Version, PRC). Accessed September 30, 2013. http://www.sipo.gov.cn/zcfg/flfg/qt/gjty/200804/t20080403_369216.html
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). (Chinese Version, Taiwan). Accessed September 30, 2013.http://www.tipo.gov.tw/ch/AllInOne_Show.aspx?path=3009&guid=f1fd234e-96f2-4cb6-8ced-a9952c7b8326&lang=zh-tw
Bainbridge, David I. 2009. Intellectual Property. Harlow, England: Pearson Longman.
Beatson, Jack, Andrew B., and John C. 2010. Anson’s Law of Contract. 29th ed. Oxford; New York: Oxford University Press.
Bilancia, and Phillip R., eds. 1981. Dictionary of Chinese Law and Government. Stanford: Stanford University Press.
Bodenhausen, Georg H. C. 1968. Guide to the Application of the Paris Convention for the Protection of Industrial Property. Geneva: United International Bureaux for the Protection of Intellectual Property.
Burke, and John, eds. 1977. Jowitt’s Dictionary of English Law. 2nd ed. London: Sweet and Maxwell Limited.
Cao, Deborah. 2002. Finding the Elusive Equivalents in Chinese/English Legal Translation. Babel 48 (4): 330-341.
Cao, Deborah. 1998. The Illocutionary Act in Translating Chinese Legislation. Babel 44 (3): 244-253.
Chen, Hongyi, Chen, Wenming, Li, Xuejing, Zhong Jianhua, and Li, Yahong, eds. 1999. Xianggangfa Gailun (Introduction to Hong Kong Law). Hong Kong: Joint Publishing (H.K.) Co. Ltd.
Chen, Chunshan, ed. 2011a. Liangan Guoji Zhihuicaichanquan Fadian (International Intellectual Property Code). Taipei: Sharing Culture Enterprise Co. Ltd.
Chen, Yingmei, ed. 2011b. Zhishichanquan Fa (Intellectual Property Right). Taipei: Wu-Nan Culture Enterprise.
Chinese Academy of Social Sciences, Institute of Law, Law Dictionary Compilation Committee, ed. 2003. Falü Cidian (Law Dictionary). Beijing: Law Press.
Dictionary Department, Institute of Linguistics, Chinese Academy of Social Sciences, Translated and Edited by Bilingual Dictionary Subdivision, Linguistics & Dictionary Division, Foreign Language and Research Press. 2002. Xiandai Hanyu Cidian (The Contemporary Chinese Dictionary, Chinese- English Version). Beijing: Foreign Language Teaching and Research Press.
El-Farahaty, H. E. 2008. Legal translation: theory and practice. Journal of the Saudi Association of Languages and Translation 1(2):7–30.
Garner, Brian A., ed. 2009. Black’s Law Dictionary. 9th ed. St. Paul,MN: West.
Groves, Peter, ed. 2011. A Dictionary of Intellectual Property Law. Cheltenham: Edward Elgar Publishing Limited.
Heath, Christopher, ed. 2003. Intellectual Property Law in Taiwan. London: Kluwer Law International.
Jiang, Xiangdong, ed. 2005. Banquan Zhidu Xia De Shuzi Xinxi Gonggong Chuanbo (The Public Broadcast of Digital Messages under the Copyright System). Beijing: Beijing Library Press.
Liu, Qingjing, ed. 2001. Xinbian Falü Dacidian (Revised Dictionary of Law). Yonghe: Xuezhi Chuban Shiye Gufen Youxian Gongsi.
Lu, Long, ed. 2005. Han Ying Fa Zhishichanquan Cidian (Chinese- English-French Intellectual Property Dictionary). Beijing: Intellectual Property Publishing House.
Lü, Shuqin, ed. 2006. Zhishi Chanquan FaLü Xiao Cidian (Pocket Dictionary of Intellectual Property Law). Shanghai: Shanghai Lexicographical Publishing House.
Mäntysaari, Petri. 2010. The Law of Corporate Finance: General Principles and EU Law - Volume II: Contracts in General. Berlin: Springer.
Ricketson, Sam and Megan Richardson. 2005. Intellectual Property: Cases, Materials and Commentary. Sydney: LexisNexis Butterworths.
Sandrini, P. 1996. Comparative analysis of legal terms: equivalence revisited. In Galinski, C.and K.-D. Schmitz (eds.). Proceedings of the Fourth International Congress on Terminology and Knowledge Engineering (TK E’96). 342– 351. Frankfurt.
Šarčević, S. 1997. New Approach to Legal Translation. The Hague: Kluwer Law International.
Šarčević, S. 1989. Conceptual dictionaries for translation in the field of law. International Journal of Lexicography 2(4), 277–293.
Stoll, Peter-Tobias, Jan Busche, and Katrin Arend, eds. 2009. WTO – Trade-Related Aspects of Intellectual Property Rights. Leiden: Martinus Nighoff Publishers.
Qu, Xinfeng. 2009. Zhuzuoquan yu Banquan de Qubie (Differences between Authorship and Copyright). Retrieved from Beijing Zhushichanquan Lüshi Wang (Website for Beijing Intellectual Property Lawyers). Accessed September 30, 2013. http://www.biplawyer.com/zzqzl/News/20098101714.html.
United Nations Conference on Trade and Development, International Centre for Trade and Sustainable Development (UNCTAD- ICTSD). 2005. Resource Book on TRIPS and Development. Cambridge: Cambridge University Press.
Wei, Shengqiang, and Zhang, Meigui. 2008. Shehui Zhuyi Fazhi Linian Jiedu (Explanation of the Socialist Concept of the Rule of Law). Zhengzhou: Henan Renmin Chubanshe.
World Intellectual Property Organization, ed. 2007. Zhuzuoquan Yu Linjiequan FaLü Shuyu Huibian [orig. Glossary of Terms of the Law of Copyright and Neighboring Rights]. Translated by Bolin Liu. Beijing: Peking University Press.
Zeng-Chen, Mingru. 2003. Shangbiaofa Yuanli (Principles of Trade Marks Law). Beijing: China Renmin University Press.
Zhang, Naigen. 2005. TRIPS Xieding: Lilun yu Shijian (TRIPS Agreement: Theory and Practice). Shanghai: Shanghai Renmin Chubanshe.
Zheng, Chengsi. 2001. WTO Zhishichanquan Xieyi Zhu Tiao Jiangjie (A Detailed Explanation of WTO Intellectual Property Rights). Beijing: Zhongguo Fangzheng Chubanshe.
Zheng, Qiang. 2000. Hetongfa Chengshi Xinyong Yanjiu: Diwang Tiaokuan de Fali Chanshi (A Study of the Principle of Good Faith in Contract law: Jurisprudential Interpretation of the Emperor Clause). Beijing: Law Press.
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