Research On The Seller's Warranty For Intellectual Property Right Under CISG

With the positive effects of intellectual property right in the commercial field becoming more and more prominent,the number of goods traded in international trade involved in intellectual property right has also been increasing.However,in the dispute concerning the seller's responsibility for the warranty of intellectual property right,there are few cases on the basis of “the United Nations Convention on Contracts for the International Sale of Goods”(CISG).Moreover,as a powerful country in the international trade of goods,the number of related trade has also increased rapidly.In order to improve the applicability of relevant CISG regulations,improve the relevant legislation in our country,and provide legal protection to many import and export goods trade enterprises in our country,this research begins with the application of the conditions of the seller's intellectual property warranty and analyzes the ambiguities in the CISG regulations,For China's construction of intellectual property warranty put forward suggestions.In addition to the introduction and conclusion,the research consists of three parts.The first part is an overview of the seller's warranty for intellectual property right under the CISG,which mainly introduces the background and content of thesystem.The second part is the analysis of the main problems of the seller's warranty for intellectual property right under the CISG.This part mainly includes the applicable conditions under which the CISG sellers assume the responsibility of warranty for intellectual property right and the relief method when the seller fails to fulfill the obligation of warranty for intellectual property right under the CISG.In this part,it analyzes the existing problems and disputes in the CISG by combining specific cases.The third part is the revelation of the provisions of the seller's warranty for intellectual property right under the CISG to our country.First of all,analyzing the application of seller's warranty for intellectual property right under the CISG clause in our country.As a contracting state of the CISG,our country applies the relevant provisions of the CISG.However,the domestic law of our country does not have the warranty for intellectual property right,which leads to the problem of the application of the system in our judicial practice.Then put forward suggestions on the above issues.