State Sovereign Immunity And Protection Of Intellectual Property PDF Download

The convergence of state sovereign immunity and federal intellectual property law provides one example of the complicated interaction between the powers of the federal government, the state, and the individual, and the inevitable conflicts that arise as all three attempt to exercise their established powers and rights. [...] This law provides that if the federal government uses a patented invention without the authorization of the patent holder, or if the federal government infringes a copyright, the only remedy available to the IP owner is the right to bring suit in the U. S. Court of Federal Claims to recover "reasonable and entire compensation" from the federal government.28 However, note that the federal governmen [...] In a direct rebuke of Chisholm, Congress and the states immediately acted to protect state sovereign immunity through the ratification of the Eleventh Amendment, the first amendment to the Constitution subsequent to the Bill of Rights. [...] Illustrating the importance of state sovereign immunity, the Court equated the requirements for waiver of sovereign immunity by a state to the requirements for waiver of a protected constitutional right by an individual.65 In order to convey the seriousness with which the Court would approach the standard for waiver of a state's right to immunity in federal court, the majority opinion in College S [...] However, a state that participates in the federal trademark system or that files a civil action in a federal court seeking review of a decision of the Trademark Trial and Appeal Board of the PTO does not waive its sovereign immunity, according to the federal district court in Board of Regents of the Univ.