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Part VII Obligations of the Seller, 33 Industrial and Intellectual Property Rights

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
14 June 2022
ISBN:
9780198871255

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

Subject(s):
Exemption from liability — Conformity of goods — Industrial and IP rights and obligations of the seller — Third party property rights and obligations of the seller

This chapter focuses on industrial and intellectual property rights. Intellectual property rights do not affect the principal legal position of the buyer, as a title can be acquired without any problems, and the goods in principle can be resold and the title retransferred to other parties. Industrial and intellectual property rights can impact the seller-buyer relationship, however, it has not sparked a wave of legal reform. The chapter also tackles the issue of non-conformity and CISG in terms of industrial and intellectual property rights. Moreover, the awareness of the buyer of the intellectual or industrial property right excludes the seller from liability.

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