Journal of Legal Research

Journal of Legal Research

Conditions and Scope of Seller Liability Towards Third Parties for the Delivery of Goods Infringing Intellectual Property Rights: The Perspective of the 1980 Vienna Convention, Considering Evolutions in Doctrine and Jurisprudence

Document Type : Original Article

Authors
1 M.A in Intellectual Property Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
2 Associate Professor, Department of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
Abstract
This article examines how the sale of goods can impact the intellectual property rights of a third party. The article aims, through a comparative study of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the doctrine and jurisprudence developed around this Convention, to discuss the protections that can be afforded to the seller’s property rights as well as to the buyer’s interests. Assuming that an infringement of intellectual property rights has occurred, another important issue is what methods and mechanisms exist for compensation in this regard. Furthermore, a third party’s intervention in asserting its intellectual property rights can affect the buyer’s ownership and right to use the property it has purchased. Therefore, striking a balance between the rights of the contracting parties and the rights of a third party is a subject examined under the auspices of the Vienna Sales Convention.
Keywords

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