42 Of The United Nations Convention On Contracts For The International Sale Of Goods, The Specific Application Of Research

In the international sales of goods, as an international practice rule, the seller must assume the warranty of the intellectual property rights (IPRs) for the goods he delivered. The United Nations Convention on Contracts for International Sale of Goods (CISG for short) contains Special provisions which defined the seller's security responsibility for the IPRs for the first time. This paper takes this kind of security responsibilities as the study target, and based on the analysis of the relative contents in the CISG, it also does specific researches on the problems occurred in practice, points out the defects of the CISG. Then, give some advices both on the CISG itself and the improving of China's relevant laws and regulations.The chapter 1 of this paper takes some research on the general theories of the warranty of the IPRs. Combining their own characteristics of the international trades and IPRs, the paper analyses the theory about why the seller should assume the warranty of IPRs after talking about the theory of common rights warranty.The chapter 2 systematically interprets the article 42 of CISG, including the background of the article 42 and the purpose of it, the conditions and restrictions of asking the seller to assume the warranty, and under what circumstances the seller can ask for exemptions.The chapter 3 is about several conceptions used in the article 42. It is just this several conceptions that give rise to a lot of uncertainties and defects in the process of application of the CISG. The paper set out this uncertainties and defects and come up with some consummating suggestions based on analysis.The chapter 4 discusses the problem of how is the article 42 applied in practices. With specific cases, the paper lists the problems a buyer should take caution when asking the seller to compensate the loss caused by the non-performance of his duty. Also, the paper discusses the form of liabilities a seller should take if he breaches his obligations of warranty of IPRs.The chapter 5 talks about the topic of parallel import which is so controversial in the international trade area. Because of the non-uniform of the legislation among the countries about whether the parallel import is legal, it brings a bad impact on the international trade. This paper discusses this problem by doing researches on the applicability of article 42 in the parallel import phenomenon.The chapter 6 introduces the legislative status in China's law on the seller's warranty of IPRs. The paper indicates the deficiency in China's legislation, and further gives some advices on solving of this problem.