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Study on the System of Seller’s Security Responsibility for Intellectual Property Rights in the CISG

Author: WangWei
Tutor: LvGuoMin
School: Jinan University
Course: International Law
Keywords: CISG Intellectual property Warranty for rights
CLC: D996.1
Type: Master's thesis
Year: 2011
Downloads: 256
Quote: 0
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Abstract


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 intellectual property rights. This paper takes these provisions as the study target, and based on the analysis of the relative contents in the CISG, combining specific practice of our country, giving some suggestions which in favor of Chinese foreign trade enterprises.Chapter 1 introduces the seller’s security responsibility for intellectual property rights. Firstly, the writer discusses the basic theory of the seller’s security responsibility for intellectual property rights. Secondly, the writer analyses the legislative history of article 42 of CISG in order to understand the legislative background and purpose from the source.Chapter 2 analyses content of the seller’s security responsibility for intellectual property rights in the CISG, then concludes the conditions when the buyer asking the seller to be charged with the security responsibility for intellectual property rights, with specific cases, afterwards analyses all kinds of measures that the buyer can take.Chapter 3 talks about the application of the seller’s security responsibility for intellectual property rights in the CISG Firstly, the writer discusses the application in the parallel import. Secondly, the writer discusses the enlightenment of this problem which our country can gain from the seller’s security responsibility for intellectual property rights in the CISG

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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