Legal translation is one of the most challenging areas of translation as evident in Łucja Biel, PhD’s Incongruity of Company Law Terms: Categorization of Polish Business Entities and their English Equivalents. The difficulty in translating legal documentation stems from specific legal language and the differences between civil and common law. Delve even deeper and you find differences in the specifics of company law and how to classify certain business entities.  Because laws are determined by each nation’s legislature instead of through a universal system, terms will be different nation by nation and, more important, specialized by language. Biel’s article touches on the difficulties that arise when doing legal translation and turns to translating from Polish to English for examples.

Legal terms stem from each individual culture and typically do not align directly with the nomenclature of other nations. There may be more than one matching term from the source to the target language, and occasionally, there is simply no equivalent translation. There are two ways of dealing with such a lack of equivalent terminology: domesticating or foreignizing. Domesticating is assimilating legal concepts to the target language’s culture so that a term is immediately understood. Foreignizing is the opposite. There are many ways to “foreignize,” which include transcription with a gloss, naturalization (adaptation of spelling), and a gloss alone. Many times foreignizing makes reader comprehension a challenge. One way to adapt the work for the target audience is to translate the literal equivalent or provide a word for word translation.

At McElroy Translation, we use a pool of translators well-versed in the nuances of legal terminology between the languages that they translate. Our translators will typically choose to domesticate the translation, or as we call it, localize it to the target language for the sake of the reader. However, in instances when a patent must be translated more literally for the sake of its end use, the translator will document the terminology in question, and give options to the subsequent reviewer, who will make a final decision.

McElroy Translation has worked within the legal industry for over 40 years, and celebrates 29 years of service with the United States Patent and Trademark Office.

eCommerce retailers to Move Beyond “Traditional” International Markets; Sophisticated Localization Plan Required

There is no question that the last year has been brutal on global markets. Zia Daniell Wigder, a senior analyst for the Forrester research firm which specializes in website localization and globalization, acknowledged as much in a recent note entitled The Globalization of eCommerce in 2010. She points to the fact that the Economist, a truly global business magazine, reports on the “end of globalization” and the decline in articles mentioning globalization.

Yet Wigder is more optimistic. Working closely with multinational companies, especially eCommerce giants of retail, Wigder believes growth will accelerate in 2010. She points to an expansion beyond traditional international markets of the UK and Japan:

The easing of the economic downturn is unlikely to unleash a sudden global eCommerce frenzy: companies rightly continue to be cautious with any new global online initiatives. However, the belt-tightening that took place in late 2008 and 2009 proved not to halt international eCommerce expansion – in some cases, the downturn even propelled expansion as international markets looked more attractive than domestic ones. The interest in global markets is only likely to grow in 2010: look for an increasing number of online retailers and other eBusinesses to start expanding beyond the highly developed eCommerce markets of the UK and Japan into other markets in Europe and Asia.

As international retailers move beyond the “traditional” global markets, they must ensure they have a fluid and detailed localization plan in place. Common Sense Advisory, another major analyst, has noted that, even in 2010, consumers around the world prefer to purchase in their mother tongue. While consumers in some “advanced” international markets have a command of English, they still trust those sites more that have localized to their first language. This is particularly true when international retailers reach out to new markets throughout Europe, Asia, Africa, South America and beyond.

And localizing for consumers around the world does not just mean translating a few pages on the website. Sophisticated eCommerce retailers recognize the need to localize everything from product descriptions, to customer service contact information, to customer reviews and comments. There is even a need to look beyond the company’s borders to social media sites where products are discussed and reviewed. A truly successful international retailer must operate in the local languages of its customers, and must do so rapidly. One of our clients knows this well. A provider of review and customer comment services for major international retailers, this client has learned that translating customer letters and comments swiftly is critical. Through our well-developed network of translators and our crowdsourcing translation network, we are able to provide this client with translated materials in just two hours—much less than the 48 hours they requested.

Reaching further into local markets globally, and providing information to new customers around the world rapidly, can set an eCommerce retailer apart from the crowd—and can strengthen a company’s recovery from the economic downturn.

McElroy Translation Blog, Derek Savage

We all see the effects of globalization every day. Many of the products we see have been localized to our culture so well that you wouldn’t know where they were made without checking out the tag. The idea of globalization is so prevalent that you can hardly turn on PBS or NPR without hearing something on the topic. At McElroy, we see the effects of globalization on everything from drug labels to software engineering. I did some quick investigating specific to clinical trials and found a great article on Multicultural Issues in the Globalization of Clinical Trial Patient Recruitment.

 To sum it up, global trials present a number of cross-cultural challenges including:

•        Concern over accurate reporting of symptoms due to bio-psycho-socio-cultural perspectives

•         Differences in governmental processes and regulatory requirements that affect submissions

•         General language barriers and cultural differences affecting all forms of communication

•         Difficulty in drawing valid scientific conclusions with data from ethnically and culturally diverse populations.

With more CRO’s move clinical trials into Africa, as was evident in 2009, finding the right resources for translating clinical trial protocols into languages like Zulu, Amharic, and Xhosa can be challenging. Finding the right language service provider to meet these challenges with the necessary experience and capabilities within the bioscience sectors are critical to the success of the trials.

McElroy Translation Blog, Derek Savage

Today as I was doing my daily Google, I came across an article that explains standardization vs. localization. As peers and prospects alike have to make this decision when taking a product into multiple global markets, it’s good to get a refresher on why we choose for the final product to receive a standardized translation, or for it to be regionally localized.

Standardization works under the assumption that the wants and needs in global markets are homogenous, therefore, the product offered by one said company is the same throughout all markets without modification. The argument for standardization is that technology is developed and dispersed evenly throughout the world and this will first create a national culture that will in turn conform into one global culture.

Localization focuses on the differences in marketing segments specific to each culture because values and beliefs are different due to how and where each market functions. Taking into consideration local consumer traits helps shape how the product is modified to better fit the consumer of that segment.

To learn more, visit http://globalizationexecutive.com/articles/Chapter3.pdf.

Evaluating Processes and Benefits

Tina Wuelfing Cargile, PMP, Business Development Manager – Life Sciences Division

Just today, a prospective client approached me with the question: is the back-translation process the recommended method to ensure quality? The answer, as is so often the case, is—it depends.

It is important to examine the translation process as a whole to arrive at the best answer for your project, starting with the QA steps undertaken during the forward-translation phase.

•    Into-Foreign-Language Translation: Best Practices

The utility of the back translation is historically linked to the steps involved in the original translation into a foreign language. The practice of using a single, independent translator to perform this task makes this step useful, if not imperative.

It is a well-known tenet of our industry that an individual should not proofread nor edit his or her own work, and the old saw that “two heads are better than one” rings true, as it always has. One of our senior technical editors recently likened our iterative translation QA process to the practice of multiple rinsings of glassware by a bench chemist—each step of that process refines the purity and decontamination of the vessel.

The preferred QA process for the forward-translation step should include translation by a linguist qualified not only as a translator, but qualified in the specific subject matter at hand. A second, equally qualified translator should serve as an editor, and the subsequent, collaborative version should be reconciled to resolve any disagreements regarding terminology and meaning.

This can be considered the first “rinse.” It is still critical to have yet another set of eyes check for omissions, numerical errors in dosages, etc. An additional step of final QA must include yet another look by yet another person, to ensure that nothing was overlooked. These steps would constitute the second and third rinse.

At this stage, the QA process has usually resolved any meaningful issues, and a back translation will generally reveal only slight stylistic issues.

However, if a back translation is still desired, the process involved in that stage also bears examination.

•    Back Translation: Best Practices

Performance of a back translation is only as useful as the output. Delivery of a document that raises questions and concerns for the requester only adds to his or her workload and doesn’t resolve any variances nor verify the quality of the original translation.

Recognizing this fact, we revised our back-translation process some years ago, to include a reconciliation of the results. What does that mean?

Following the back translation—(which includes input from a similar, but new, two-translator team)—the original English source document is compared to the back translation, and any possible discrepancies are noted.

This process is followed by an investigation as to whether the noted discrepancies are due to issues with the forward translation or with the back translation.

Another element of this process is reserving delivery of the forward translation until the reconciliation step has been completed. This avoids issuing a document that may require revision. Generally the process can be completed in the same time frame as a single, forward translation, but this presents a distinct issue that bears discussion.

•    Are You Putting the Quality of Your Project at Risk by Requiring a Back Translation?

In order to meet required deadlines, the process can certainly be compressed to accommodate both the forward and back translation. Considering a large project with a tight, nonnegotiable turn (let’s say you have patients available for a study, but only within a limited time frame), you may be adding to the risk of less than ideal quality by rushing the first step to allow for the second.

Translation is a handcrafted, deliberative process, and it does take time. Shortchanging the into-foreign process can mean that the back-translation step is applied like a Band-Aid on a massive wound. Most reputable translation vendors will not agree to a turnaround that will jeopardize your results, but the potential always exists. Your best protection is to thoroughly understand all of the QA steps that will be applied to your project and make a decision based on the situation.

•    Other considerations

Implementing an in-country or colleague review can be an excellent alternative or add-on to the translation process, whether or not a back translation is performed. A reputable and responsive translation partner should encourage this step, when it is feasible. The input of those "on the ground" working on your clinical trial is invaluable because their suggestions and preferences regarding terminology and style are impacted by their interaction with the human subjects involved in the study. Such preferences can be preserved in glossaries and translation memories, resulting in quality and study-targeted improvements over time.

Finally, talk to your translation vendor about process. Often we see back-translation orders that are intended to validate forward translations done by another vendor or by another source. While the intent is clearly to maintain objectivity and clarity of process, this practice dilutes the advantage of having a single project manager and a well-designed team carrying your project forward, and can bring financial and timeline costs as well.

Bottom line—translation services are likely not the most pressing line item in your budget, but take the time to understand the processes and services they represent. The differences may surprise you and save you much more than money—-the validity of your study, the quality of patient protection, and your time.

Erin Vang, PMP
Principal Pragmatist, GlobalPragmatica

Localization and translation are almost always outsourced, and for many good reasons. Vendor management is therefore crucial to any localization or translation program, and it starts with vendor selection. Every aspect of vendor management—the financial and legal relationship, communications, project coordination, risk planning, and so on—will be easier if you start by taking the time to find the vendor or vendors that are best-suited for your needs. A huge number of companies are eager to have your business, most of them will bend over backwards to adapt their processes to your needs, and many of them are truly excellent. But one size does not fit all. The best possible vendor for one company might be a lousy fit for your company.

If I had to get it down to one sentence, my advice would be this:

Don't go by price, go by who understands your needs the best.

If you have time for more than one sentence, read on.

Multilingual, April/May 2009

We work in an industry that is all about meaning and communication, yet we don't do much better than folks in other industries at employing effective messaging. There are missteps and irritants possible no matter how one sends a message. This month, Tina Cargile and Erin Vang discuss different styles of business communication. Read full article.

Erin Vang, PMP
Principal Pragmatist, GlobalPragmatica

Localization and translation are almost always outsourced, and for many good reasons. Vendor management is therefore crucial to any localization or translation program, and it starts with vendor selection. Every aspect of vendor management—the financial and legal relationship, communications, project coordination, risk planning, and so on—will be easier if you start by taking the time to find the vendor or vendors that are best-suited for your needs. A huge number of companies are eager to have your business, most of them will bend over backwards to adapt their processes to your needs, and many of them are truly excellent. But one size does not fit all. The best possible vendor for one company might be a lousy fit for your company.

If I had to get it down to one sentence, my advice would be this:

Don't go by price, go by who understands your needs the best.

If you have time for more than one sentence, read on.

Susan Smith, Project Manager

This is a key question clients should ask themselves before planning their project schedule and budget. There are as many answers as there are formats for translation. Read more…

Rebecca Petras, Public Relations Manager

Facebook, Twitter, Flixster, LinkedIn: They make up the fastest-growing segment of the Internet. In fact, two-thirds of online users access "member communities," which include social networks and blogs, according to research conducted this year by The Nielsen Company. They have even overtaken e-mail as the fourth most popular online category, and they are growing twice as fast as any other category.

“Social networking has become a fundamental part of the global online experience,” says John Burbank, CEO of Nielsen Online. “Social networking will continue to alter not just the global online landscape, but the consumer experience at large.”

But are these sites just fun, and a great way to procrastinate, or are they useful in business? How are they being used in our world of languages and localization? Read on…