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Abstracts: Article (2000) 4 VJ 1, 30-61
Warranty for Intellectual Property Rights in the International
Sale of Goods
Christian Rauda & Guillaume Etier
The Convention on Contracts for the International Sale of Goods (CISG) provides in
Art. 42 a rule for the seller's liability for a third party's intellectual property
rights. Considering the vast number of patents and trademarks 'linked' to goods being
the subject of international transactions, it is surprising that amongst the over
five hundred published decisions regarding the CISG, only two cases deal with
Art. 42.
A close examination of Art. 42 CISG leads to the conclusion that this provision does
not meet the requirements for a rule governing the warranty for third parties'
intellectual property rights. A rewritten version of an Art 42 CISG de lege ferenda
is proposed at the end of this article.
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