Selected Cases by Article & Issues
Article 426 Cases
(1) The seller must deliver goods which are free from any right or claim of a third party based on industrial property or other intellectual property, of which at the time of the conclusion of the contract the seller knew or could not have been unaware, provided that the right or claim is based on industrial property or other intellectual property:
(a) under the law of the State where the goods will be resold or otherwise used, if it was contemplated by the parties at the time of the conclusion of the contract that the goods were to be resold or otherwise used in that State; or
(b) in any other case, under the law of the State where the buyer has his place of business.
(2) The obligation of the seller under the preceding paragraph does not extend to cases where:
(a) at the time of the conclusion of the contract the buyer knew or could not have been unaware of the right or claim, or
(b) the right or claim results from the seller"s compliance with technical drawings, designs, formulae or other such specifications furnished by the buyer.
(a) under the law of the State where the goods will be resold or otherwise used, if it was contemplated by the parties at the time of the conclusion of the contract that the goods were to be resold or otherwise used in that State; or
(b) in any other case, under the law of the State where the buyer has his place of business.
(2) The obligation of the seller under the preceding paragraph does not extend to cases where:
(a) at the time of the conclusion of the contract the buyer knew or could not have been unaware of the right or claim, or
(b) the right or claim results from the seller"s compliance with technical drawings, designs, formulae or other such specifications furnished by the buyer.
| Number | Issue | # Cases | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | Seller's obligation to deliver goods free from third party right or claim based on industrial or intellectual property | 0 | |||||||||
| 1.1 | Right or claim known to seller at time of conclusion of contract | 3 | |||||||||
| 1.2 | Right or claim based on law of State where goods are to be used or resold | 1 | |||||||||
| 1.3 | Right or claim based on law of State of buyer's place of business | 0 | |||||||||
| 1.4 | Right or claim known to buyer at time of conclusion of contract | 3 | |||||||||
| 1.5 | Right or claim resulting from seller's compliance with buyer's specification | 1 | |||||||||
| |||||||||||
Total Cases in the database 3754