Third party claimsundervienna conventionfor the international sale of goods 1980 : general andiIntellectual property based claims

Abstract EN

This research examines the seller’s obligation to deliver goods that are free from third party claims, under the Vienna Convention on Contracts for the International Sale of Goods 1980.

It is distinguished under the Convention between two kinds of third party claims, on the one hand, the claims of title (Art 41).

On the other hand the claims of intellectual property (Art 42).

Each of which kinds of third party claims has its own conditions and requirements, in order to establish the seller’s liability.

These requirements have been discussed and they are related to: the time at which the seller is liable, the law under which the seller is liable, the legal consequences of the seller’s and the buyer’s knowledge of the third party claim, the notice that must be addressed from the buyer to the seller, and finally the legal consequences of the absence of such a notice on the buyer’s remedies.