Research On The Seller's Warranty For Intellectual Property Rights In The United Nations Convention On Contracts For The International Sale Of Goods

In the international sale of goods, the seller often assumes the warranty for intellectual property rights. United Nations Convention on Contracts for International Sale of Goods(It is called CISG for short.)also contains provisions of seller's warranty for intellectual property rights. This article mostly researches on the seller's warranty for intellectual property rights in CISG. On the basis of analysis and construe of seller's warranty for intellectual property rights in CISG, the writer gives the suggestions about making CISG well improved and perfect by correcting the faults of its provisions.Chapter 1 is the general of warranty of intellectual property rights. Firstly, the writer analyses the legal character, the legislative aim and purpose, and the basis of warranty of intellectual property rights. Secondly, the writer concludes the buyer's remedies and the seller's defense.Chapter 2 is made up by the explanation of the related contents of Article 42 in CISG. The seller's warranty for intellectual property rights in CISG is specified in Article 42 and Article 43.Article 42 is about the restriction and exemption of seller's warranty. Article 43 is about the precondition of seller's warranty ,which is the buyer's obligation to inform.Chapter 3 therefore induces the imperfection of Article 42 in CISG, based on the explanation in Chapter 2, and then discussed the improvement of Article 42 in CISG. The imperfection of Article 42 mainly reflects on the standard to estimate subjective state as well as the reason for exemption. So as to solving the above problems, the writer then gives suggestions about bringing in standard of investigated obligation and request of specific instruction as plan of improvement.Chapter 4 is about the adventure of warranty for intellectual property rights for Chinese foreign trade enterprises and suggestions about its prevention. The Chinese foreign trade enterprises are encountered with legal adventure and practical adventure,therefore this chapter then gives suggestions about prevention of the adventure of warranty for intellectual property rights in the Chinese export and import trade, mainly based on the research on Article 42 and Article 43 in CISG. At the end, in the conclusion, the writer emphasizes that we should treat the seller's warranty of intellectual property rights in CISG based on the principle of the balance of the parties'rights and obligations. The writer hopes that the situation of rare application of Article 42 in CISG can be changed through the study of this article, and that CISG will play more and more important role in resolving the dispute involving seller's warranty for intellectual property rights.