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Rodonelo
terrajador

Glossary entry

Spanish term or phrase:

concurrencia desleal

English translation:

unfair competition

Added to glossary by Greg Hunt
Sep 27, 2010 21:26
13 yrs ago
3 viewers *
Spanish term

concurrencia desleal

Spanish to English Law/Patents Law: Contract(s)
This term appears as a heading to one of the clauses of an employment contract. The text underneath says that "mientras la vigencia del presente contrato" the employee cannot carry out any other paid work "que pueda estimarse concurrencia desleal con XXXX". I understand what the text means (you can't work for anyone else but us while you're under contract) but I cannot think of the right English phrase.
"Disloyal plurality" sounds odd, "no other employment" isn't very legalistic and "non-compete clause" generally refers to the period after the contract has terminated, right?
The term in the heading and that in the text may need to be phrased differently depending on what the solution is.
Proposed translations (English)
4 +9 unfair competition
4 +1 unfair competition
4 act of disloyalty
3 unfair competition
Votes to reclassify question as PRO/non-PRO:

Non-PRO (2): Rosa Paredes, ARS54

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Discussion

Nikolaj Widenmann Sep 29, 2010:
Concurrencia vs Competencia It appears that these terms have similar or synonymous meanings. According to my legal dictionary (Enrique Alcaraz Varó), "unfair competition" can mean "competencia desleal o injusta, concurrencia desleal o inequitativa). Perhaps a key would be to find out which term, if any, is most frequently used in terms of employment policies and clauses preventing employees from working for the competition. - Nikolaj Widenmann
Flavio Posse Sep 29, 2010:
Pacto de no concurrencia Based on this: http://es.wikipedia.org/wiki/Pacto_de_no_concurrencia

I don't think this is a back translation.
Travelin Ann Sep 28, 2010:
@Rosa Absolutely - perhaps this is a back-translation? Often used to check the accuracy of M/T or a new contract translator.
ARS54 Sep 27, 2010:
...De acuerdo con Rosa, sin duda..., :)
Rosa Paredes Sep 27, 2010:
@ASKER
I think you're translating a bad translation inot Spanish.
Please note "mientras la vigencia del presente contrato" should be "durante la vigencia del presente contrato", "concurrencia desleal" should be "competencia desleal".
Nikolaj Widenmann Sep 27, 2010:
What the bilingual dictionary says Upon Diccionario de Términos Jurídicos by Enrique Alcaraz Varó and Brian Hughes, "unfair competition" does appear as the translation for "concurrencia desleal", so that is definitely a possibility. Note also how concurrencia desleal is defined on the following page (if you can stand the background color): http://www.derechocomercial.edu.uy/RespComte66.htm. -

Good luck. I should probably be getting back to my own translation project

- Nikolaj
Greg Hunt (asker) Sep 27, 2010:
"Unfair competition" had occured to me as a possibility but I thought that this use of concurrencia referred more to its sense of "simultaneity" and so therefore to the holding of more than one job, but perhaps "unfair competition" is correct, although I note WTSTranslations's comment. So, the company only objects to work which may constitute unfair competition to them, but is indifferent to the employee carrying out other work? Full context is: "El trabajador no podrá, mientras la vigencia del presente contrato, prestar servicios a sector económico alguno ni celebrar contrato de trabajo con otras empresas en ningún sector, ni trabajar por cuenta propia ni en asociación con otro u otros, que pueda estimarse concurrencia desleal con XXXX". Note that it does seem to be talking about carrying out work while under contract, not after the contract has terminated.
AllegroTrans Sep 27, 2010:
Unfair competition @WTSTrans Your definition is perfectly correct, but it is also unfair competition where an employee (or can be an independent contractor) is bound by a non-competition clause in his/her contract and then leaves that employment and enters into an activity in direct competition with the previous employer. These clauses provide alot of work for employment lawyers as the Courts can deem them unfair in certain circumstances.
Nikolaj Widenmann Sep 27, 2010:
About unfair competition I may be wrong, but it is my impression that unfair competition rather refers to "dishonest or fraudulent rivalry in trade and commerce", such as false advertising and using/counterfeiting the characteristics/brand of a competitor's product (Black's Law Dictionary). Black's does not correlate this with working for the competition -- but then again, I'm not a lawyer.

Proposed translations

+9
2 mins
Selected

unfair competition

María Moliner

concurrencia

5 Econ. Competencia.
Peer comment(s):
agree AllegroTrans : we obviously agree with one another, so I will agree with you
1 min
Thanks!
agree RichardDeegan
15 mins
Thanks!
agree Elizabeth Slaney
17 mins
Thanks!
agree James A. Walsh
51 mins
Thanks!
agree Maria Kisic
1 hr
Thanks!
agree Henry Hinds
1 hr
Thanks!
agree philgoddard : We've had this before.
4 hrs
Thanks!
agree Rosa Paredes : easy one ... Saludos!
6 hrs
Thanks!
agree Maria Mercau
20 hrs
Thanks!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks everyone, sometimes things are simpler than they seem"
4 mins

act of disloyalty

This is what I would call it. See example from link below.
Reference:

http://www.edd.ca.gov/uibdg/Misconduct_MC_45.htm

Something went wrong...
5 mins

unfair competition

Commonly-used catch-all expression for the kind of behaviour that's prohibited in this contract.

Unfair Competition - What is Unfair Competition - [ Traducir esta página ]
A branch of intellectual property law, unfair competition is a term applied to all dishonest or fraudulent rivalry in trade and commerce. ...
legalcareers.about.com/od/.../Unfaircompetition.htm - En caché - Similares

--------------------------------------------------
Note added at 6 mins (2010-09-27 21:32:47 GMT)
--------------------------------------------------

Hmmm.... Mental note to self: get a faster web connection!
Peer comment(s):
neutral AllegroTrans : same answer as 2 others recorded @ 2 minutes!
10 mins
That's the time it takes to find a relevant webref and add a note justifying my answer - both notable by their absence in your answer.
Something went wrong...
+1
2 mins

unfair competition

...

--------------------------------------------------
Note added at 17 mins (2010-09-27 21:44:20 GMT)
--------------------------------------------------

#
(b) "Unfair" competition (c) Acts, which are liable to "have more than ... Sec 3 UWG contains a general clause that prohibits unfair acts of competition. ...
www.iuscomp.org/gla/literature/heidenreich.htm - 73k - Cached
#
Peru: Peruvian Unfair Competition Law
... Abogados - On June 26, 2008 the Peruvian government enacted Legislative Decree 1044, Unfair Competition Law. The Unfair Competition Law unifies in ...
www.mondaq.com/article.asp?articleid=77458 - Cached
#
[PDF]
Non-competition clauses Spain
54k - Adobe PDF - View as html
damages to the employee: unfair competition should be only referred to any ... As there is a statutory right that prohibits unfair competition of the employee ...
ilo.org/.../dialogue/ifpdial/downloads/judges06/spain1.pdf
#
Non-Competition Clause - www.100svar.dk
Starter du egen virksomhed, hvor du bruger viden og kontakter fra din tidligere arbejdsplads, er der forskellige ting, du skal tage højde for.
www.100svar.dk/competition-clause-uk - Cached
#
The Internet
"Unfair competition" is a general term that refers to a variety of ... court refused to enforce a non-competition clause against a doctor that tried to ...
www.allcities.org/Articles/Ar_Klein.htm - Cached
Peer comment(s):
neutral Jennifer Levey : Seventeen whole minutes to find a webref?
16 mins
agree ARS54 : ...is it a race - for what?
55 mins
Something went wrong...
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