Seller’s Liability for Infringement of third party’s intellectual property rights under the CISG 1980 and the procedure and doctrine related to it

Articles in Press

Document Type : Original Article

Authors

1 Master of Intellectual Property Law, Shahid Beheshti University. Tehran. Iran.

2 Associate Professor, Faculty of Law, Shahid Beheshti University. Tehran. Iran.

10.48300/jlr.2024.422696.2480

Abstract

This paper examines how the sale of goods can affect third-party intellectual property rights. The purpose of the paper is to discuss the protections that can be given to the property rights of the seller and the interests of the customer by a comparative study of the International Sale of Goods Agreement and the doctrine and jurisprudence formed based on this agreement. Assuming that there has been a violation of intellectual property rights, another important issue is what methods and methods exist for compensation in this regard. In addition, the third party's intervention in claiming to protect their intellectual property rights can affect the buyer's right of ownership and exploitation of the property she purchased. Therefore, the balance between the rights of the parties to the contract of sale and the rights of the third party is an issue that is discussed and investigated in the shadow of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

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Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 08 April 2024

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