Balancing Transnational And Territorial Problems: Scope Of Article 42 Of The CISG

Globalisation has paved the way for various transnational conventions, the United Nations Convention on Contracts for the International Sale of Goods (CISG) being one of them. CISG has efficiently bridged gaps associated with sales law in the international sphere while providing for greater transparency and stability. An extensive convention, the CISG's jurisdiction extends to, inter alia, the conclusion of contracts for commercial sale of goods and the rights of parties arising out of the same, something which is considered to be the foundation for the convention. Albeit the accomplishments of the convention are notable, the convention has created a territorial problem in its quest of solving transnational ones. According to CISG, it is a merchant's responsibility to deliver goods which are independent from third-party claims vis-à-vis intellectual or industrial property (hereinafter IIP). This provision has developed the tendency to create confusion during practice