Guolan Zhu 

Anhui University of Finance & Economics

Abstract：

In international trade in goods, sellers often need to assume certain liability for warranty of intellectual property rights when selling goods. Article 42 of the CISG provides specific provisions on the seller's liability for warranty of intellectual property rights in international sales contracts. The specific elements include "a third party's rights and claims to the goods based on intellectual property rights," "the rights and claims asserted by the third party are limited to specific countries," and "to the extent that the seller knew or could not have been unaware of such rights or claims at the time of concluding the contract." China's Contract Law section of the Civil Code does not yet contain specific provisions on intellectual property warranty. Based on this, it is advisable to codify the liability for intellectual property warranty, stipulate territorial and practical limitations in the Contract Law section of the Civil Code, and provide appropriate exemptions for sellers, thereby enhancing the awareness of intellectual property warranty among Chinese enterprises.

Key Words：

CISG; intellectual property; warranty of rights