Comparative study of liability arising from third party intellectual property right or claim on goods in the Vienna Convention 1980 and Iranian law

Comparative study of liability arising from third party intellectual property right or claim on goods in the Vienna Convention 1980 and Iranian lawWith regard to Article 42 of the Convention, vendor's failure to deliver goods which is the subject-matter of third party intellectual property right or claim, is considered as breach of his obligation to transfer goods ownership. Thus to deliver goods which is the subject-matter of third party intellectual property right or claim, is an example of lack of consistency of goods with contract and the ways of compensation due to non-conforming goods in Articles 46, 50 and 51 of the Convention is also applicable to goods subject to intellectual property right or claim of third party. Contrary to the Convention in Iranian law there is no distinction between the rights and claims of third parties arising from intellectual property and other ones. So according to Articles 390 and 391 of the Civil Code, if the goods are entitled to another in whole or in part, vendor shall be required to refund the price to the buyer and if buyer was unaware, seller must pay all damages too.Legal non-conforming, Third party claim, Intellectual property, Vienna Convention, Iranian law