Study On The Seller’s Warranty For Intellectual Property Rights In The CISG

In the rapid growth in international trade, the seller’s warranty of the good’s rights are veryimportant for a system. Rights warranty system, refers to the guarantee on the sale of the goods,the seller should have legal rights. In other words, it requires the Seller warrants that the deliveredgoods were not "legally defective" or "legal barriers", free from any interference by third parties.Under the provisions of the1980United Nations Contracts for International Sale of Goods(It’scalled CISG for short), guarantee the main content on the right there are two aspects: one is theguarantee of real right, the second is guarantee of intellectual property rights. This article is onlyfor the latter to study.Its main provisions are reflected in CISG article42nd, that seller’s warrantyfor intellectual property provisions.Seller’s warranty for intellectual property refers to the goods delivered by the seller had alegitimate, does not infringe any third party’s intellectual property rights, and any third party doesnot assert any intellectual property rights in respect of the goods to the buyer. This right is securedwith the development of society and the emergence of new cases, the situation is more complex ininternational sale of goods. Mainly due to the intellectual property of their "invisible","local",different from the traditional particularities of the areas of property rights, claims, making theprotection of intellectual property rights, infringement of intellectual property rights andintellectual property rights trade: more complex than tangible property in the same circumstances.Establishment of a guarantee system of intellectual property by the seller, for the maintenance ofthe modern it safe, protect the legitimate rights and interests of both parties to the contract, reduceunnecessary losses is necessary, research the seller’s warranty for intellectual property to thepromotion in China-related legislation and practice of the law of international trade frictionreduction also of important significance.This text is divided into four sections:Chapter I overview of the CISG article42nd legislative background. Describes the two legalsystems on seller’s warranty for intellectual property, and then based on this analysis of the CISGarticle42nd legislative history.Chapter II study on the seller’s warranty for intellectual property in the CISG on the positiveaspects of interpretation.Divided into four parts: part I discuss the scope of the seller’s warranty forintellectual property, part II analysis of seller’s guarantee of intellectual property rights, part III of "third party" right to intervention classification analysis, part IV resolves violations of intellectualproperty rights and shared obligations to the buyer by the seller’s rights conditions and mode ofrelief.Chapter III analysis of the seller’s warranty for intellectual property exemptions in the CISG.There are two aspects: geographical limit of exemption and the subjective limit of exemption.Chapter IV focus on the significance of seller’s warranty for intellectual property provisionsin the CISG to China’s legislation..