Intellectual Property,
Constitutional Law
Oct. 21, 2003
Bill Encourages States to Waive Immunity in IP Cases
The U.S. Constitution sets forth a federal system of sovereign states. It is common for states, through their universities and other agencies, to obtain federal intellectual property rights, such as patents and trademarks. However, the status of states as sovereign entities insulates them from intellectual-property claims that others might bring against them.
The U.S. Constitution sets forth a federal system of sovereign states. It is common for states, through their universities and other agencies, to obtain federal intellectual property rights, such as patents and trademarks. However, the status of states as sovereign entities insulates them from intellectual-property claims that others might bring against them.
Since the U.S. Supreme Court decided the Florida Prepaid cases in 1999, lawmakers have attempted to address the int...
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