doi: 10.5195/tlp.2007.34

Legal Defect Protected by Article 42 of the CISG: A Wolf in Sheep’s Clothing

Thomas M. Beline

Abstract


The United Nations Convention on Contracts for the International Sale of Goods (CISG) was written to facilitate and increase certainty in international sales transactions. Unfortunately, a major shortcoming of the CISG is in regard to sales of goods that are subject to intellectual or industrial property rights. This article discusses the problems with a uniform substantive law to govern sales of goods that are subject to intellectual property rights and counsels practitioners to include contract clauses to govern any disputes that may arise in relation to a claim brought by a third party asserting ownership to the intellectual or industrial property rights of the goods.

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