On The Duty Of Intellectual Property Rights Guaranteed Under The CISG The Seller

World-widely commentaries, debates and discussions have been made by hundreds of scholars since CISG was drafted. Article 7 of CISG builds the interpretation principle for itself:"In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade." However, an explicitly expressed principle can not shield the application from all the complicated facts in the legal practice, which causes the ceaseless controversies and discussions. This thesis will focus on the Article 42, an article drawing fewer attentions, and stretch the analysis.This thesis consists of four sections:Chapter one describes two major issues. The first section explains the general nature and characters of the seller's warranties for intellectual property rights. The second section discusses the legislation background of the Article 42 of CISG.Chapter two of this thesis is an analysis on some basic factors of the Article 42. This chapter can be divided into four aspects:Section 1 discusses the scope covered by the phrase "industrial property or other intellectual property". Section 2 analyzes the influences of a "Third Party's" involvement in the application. Section 3 is a comparative study of the time on which the seller's warranty obligations are determined. Section 4 describes the remedies available when the seller does not fulfill its warranty obligations.Chapter three of this thesis is an analysis of the limitations on the seller's warranty obligations. These limitations consist of two issues:subjective and objective limitation.Chapter four of this thesis is relevant to the analysis on conditions which exclude the seller's liabilities. The analysis can be divided into two aspects:the buyer's knowledge and compliance with the buyer's specifications and requirements.