PhD Award: Intellectual Property Rights and the Seller Liability, Esra Kiraz

How is the sale of goods affected by third-party Intellectual Property Rights and analysis on the provisions of the Convention on International Sale of Goods and the Sale of Goods Act

In this technological era, the goods which have become subject to IPRs as a whole or by its components are vital elements of international sales. The sales of these goods may cause the infringement of third party’s IPRs, which can result in the prevention of the buyer from reselling or using the goods in question by the application of IP law remedies. The sale of goods protects the buyer’s expectation in enjoyment of the goods without any distribution; therefore this thesis questions how the sale of goods is affected by third-party IPRs, and it proposes to undertake a comparative analysis on the respective provisions of the CISG and the SGA considering the wide acceptance of the CISG and the dominant role of English law in commercial law. The thesis seeks to determine if the text of the relevant CISG articles can be improved and will accordingly formulate proposals that work towards this outcome.

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