The Vindobona Journal of International Commercial Law and Arbitration
VJ Home: Archive: 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.