Sovereign Immunity and the Protection of Intellectual Property PDF Download
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Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 104
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 104
Get Book Here
Book Description
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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Book Description
Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category :
Languages : en
Pages : 104
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Book Description
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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ISBN: 9780160697012
Category :
Languages : en
Pages :
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Author: Brian T. Yeh
Publisher:
ISBN:
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: United States. General Accounting Office
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 84
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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: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: United States. Congress. House. Committee on the Judiciary
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
