Go to Database Directory || Go to CISG Table of Contents

                               
LEGISLATIVE HISTORY
Legislative history of CISG article 42:
Match-up with 1978 Draft to assess relevance of Secretariat Commentary

      1978 Draft article 40                              CISG article 42                                 
                                                            
(1)The seller must deliver goods which    (1)The seller must deliver goods which  
   are free from any right or claim of       are free from any right or claim of       
   a third party based on industrial or      a third party based on industrial or           
   intellectual property, of which at        other intellectual property, of which        
   the time of the conclusion of the         at the time of the conclusion of the      
   contract the seller knew or could         contract the seller knew or could         
   not have been unaware, provided           not have been unaware, provided           
   that right or claim is based on           that right or claim is based on           
   industrial or intellectual property:      industrial or other intellectual 
                                             property:      
                                                      
   (a)under the law of the State             (a)under the law of the State       
      where the goods will be resold            where the goods will be resold          
      or otherwise used if it was               or otherwise used, if it was           
      contemplated by the parties               contemplated by the parties           
      at the time of the conclusion             at the time of the conclusion of      
      of the contract that the goods            the contract that the goods           
      would be resold or otherwise              would be resold or otherwise          
      used in that State; or                    used in that State; or                
                                                         
   (b)in any other case under the            (b)in any other case under the   
      law of the State where the                law of the State where the       
      buyer has his place of                    buyer has his place of           
      business.                                 business.                      
                                                         
(2)The obligation of the seller under     (2)The obligation of the seller under
   paragraph (1) of this article does        the preceding paragraph does        
   not extend to cases where:                not  extend to cases where:         
                                                      
   (a)at the time of the conclusion of       (a)at the time of the conclusion of
      the contract the buyer knew or            the contract the buyer knew or   
      could not have been unaware               could not have been unaware     
      of the right or claim; or                 of the right or claim; or       

   (b)the right or claim results from        (b)the right or claim results from  
      the seller's compliance with              the seller's compliance with    
      technical drawings, designs,              technical drawings, designs,    
      formulae or other such                    formulae or other such         
      specifications furnished by the           specifications furnished by the 
      buyer.                                    buyer.                          


Editorial comments
There are no meaningful differences between 1978 Draft article 40 and
CISG article 42 other than CISG article 42 refers to "industrial or other
intellectual property" rather than "industrial or intellectual property". 
The Secretariat Commentary on 1978 Draft article 40 should therefore be
relevant to the interpretation of CISG article 42.

To examine 1978 Draft provisions in context, go to the full-text of the 1978 Draft || To examine CISG provisions in context, go to the full text of the CISG