Infringement of Intellectual Property Rights and State Sovereign Immunity PDF Download
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Author: Brian T. Yeh
Publisher:
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Category :
Languages : en
Pages :
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This report discusses the Eleventh Amendment and the concept of state sovereign immunity. Although the amendment appears to be focused on preventing suits against a state by non-residents in federal courts, the U.S. Supreme Court has expanded the concept of state sovereign immunity to reach much further than the literal text of the amendment, to include immunity from suits by the states' own citizens and immunity from suits under federal law within a state's own court system.
Author: Brian T. Yeh
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This report discusses the Eleventh Amendment and the concept of state sovereign immunity. Although the amendment appears to be focused on preventing suits against a state by non-residents in federal courts, the U.S. Supreme Court has expanded the concept of state sovereign immunity to reach much further than the literal text of the amendment, to include immunity from suits by the states' own citizens and immunity from suits under federal law within a state's own court system.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 76
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Author: Congressional Research Service: The Libr
Publisher: BiblioGov
ISBN: 9781293025208
Category :
Languages : en
Pages : 26
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The Eleventh Amendment to the U.S. Constitution provides that "[t]he Judicial Power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." Although the amendment appears to be focused on preventing suits against a state by non-residents in federal courts, the U.S. Supreme Court has expanded the concept of state sovereign immunity to reach much further than the literal text of the amendment, to include immunity from suits by the states' own citizens and immunity from suits under federal law within a state's own court system. As a result of two landmark Supreme Court decisions in 1999, Florida Prepaid and College Savings Bank, the Eleventh Amendment currently bars an individual from successfully seeking damages from a state for violations of federal intellectual property laws unless the state clearly consents to being sued through waiver, or Congress legitimately abrogates state sovereign immunity. Valid waiver exists only where a state has clearly submitted itself to federal jurisdiction. Courts have interpreted this rule to validate waiver in several scenarios: where a state voluntarily ...
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 104
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Author:
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ISBN:
Category :
Languages : en
Pages : 0
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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.
Author:
Publisher: DIANE Publishing
ISBN: 1428948198
Category :
Languages : en
Pages : 78
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Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 80
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Author: United States. General Accounting Office
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 84
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Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category :
Languages : en
Pages : 104
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Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 128
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