“Liabilities Under Article 42 of the UN Convention on the International Sale of Goods”

Authors- Prakhar Gupta & Maansi Bhavnani, Students at NMIMS Kirit P. Mehta School of Law

BEST CITATION – Prakhar Gupta & Maansi Bhavnani, “Liabilities Under Article 42 of the UN Convention on the International Sale of Goods”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 807-815, ISSN – 2583-2344.

ABSTRACT

As a result of technological progress, there has been a greater awareness of the relationship between intellectual property rights (IPRs), which are intangible property rights, and tangible objects. As a result of this interplay, an increasing number of items that are either subject to IPRs in their whole or include an IP-protected component have been subject to sales agreements. Third-party IPRs over the items are more likely to be infringed when the commodities circulate throughout the world. This risk of violation also raises the likelihood that the buyer will be prevented from reselling or utilising the products in issue if IP law remedies are invoked. This research is concerned with how third-party IPRs impact the sale of products, and it seeks to conduct an examination of the rules that establish the seller’s obligation when third-party IPRs emerge regarding goods sold under the CISG while analysing the various treaties and conventions affecting the sale of goods in relation to IPR infringement over cross-border boundaries.

Key words: Intellectual Property Rights, Infringement, Third Party, Contract of Sale, International Trade, Warranties.