25
October 2021
Past Event
Virtual Event | IP Infringement and State Sovereign Immunity
Monday 12:00 - 1:00PM

Virtual Event | IP Infringement and State Sovereign Immunity

Past Event
Online Only
October 25, 2021
25
October 2021
Monday 12:00 - 1:00PM
Past Event

1201 Pennsylvania Avenue, N.W., Suite 400
Washington, DC 20004

Speakers:
Kevin Madigan

Vice President, Legal Policy and Copyright Counsel, Copyright Alliance

Rick Allen

Co-Founder, Executive Producer, and Director, Nautilus Productions

Devlin Hartline

Legal Fellow

Please be advised: This event will premiere on this page at 12:00 p.m. EDT, Monday, October 25. Register for the event here

Join Hudson Institute Legal Fellow Devlin Hartline and expert panelists Kristen Osenga, Kevin Madigan, and Rick Allen to discuss state sovereign immunity for intellectual property infringement.

Under the Eleventh Amendment of the U.S. Constitution, states enjoy sovereign immunity that generally prevents individuals from suing states in federal court for monetary damages or injunctive relief. In the early 1990s, Congress passed legislation abrogating state sovereign immunity for patent, trademark, and copyright infringement, thus allowing lawsuits against states for intellectual property infringements. However, the courts have held that Congress did not have the authority to abrogate sovereign immunity using its powers under the Commerce Clause and Intellectual Property Clause of Article I.

The Supreme Court has indicated that Congress can use its power under the Fourteenth Amendment to abrogate state sovereign immunity, but it must first show that states' infringements are widespread and persistent, intentional or reckless, and unremedied under state law. So far, the courts held that Congress did not have an adequate record when it attempted abrogation in the early 1990s. The U.S. Patent and Trademark Office and the U.S. Copyright Office recently conducted studies to gauge the extent and character of infringements by states. The panelists will discuss the problems of state infringements and explore whether Congress now has enough evidence to abrogate state sovereign immunity for intellectual property infringements. Please join Hudson Institute for this important discussion.

Related Events
30
November 2022
Virtual Event | Online Only
Readout from Ukraine
Featured Speakers:
Luke Coffey
Peter Rough
Moderator:
Jeremy Hunt
Rough Coffey Bucha Ukraine
30
November 2022
Virtual Event | Online Only
Readout from Ukraine

Hudson Institute Senior Fellows Peter Rough and Luke Coffey recently traveled to Ukraine for meetings with a broad array of Ukrainian officials, civil society leaders, and analysts.

Wednesday 10:00 - 11:00AM
Rough Coffey Bucha Ukraine
Featured Speakers:
Luke Coffey
Peter Rough
Moderator:
Jeremy Hunt
01
December 2022
Virtual Event | Online Only
How to Overcome the Military Recruitment and Retention Crisis
Featured Speakers:
Congressman Mike Waltz
LTG (R) Thomas Spoehr
Bryan Clark
Moderator:
Jeremy Hunt
Military Recruitment
01
December 2022
Virtual Event | Online Only
How to Overcome the Military Recruitment and Retention Crisis

Please join our nation’s leading US military readiness experts at Hudson Institute for a panel discussion on the causes of and potential solutions for the current recruiting crisis.

Thursday 10:00 - 11:00AM
Military Recruitment
Featured Speakers:
Congressman Mike Waltz
LTG (R) Thomas Spoehr
Bryan Clark
Moderator:
Jeremy Hunt
05
December 2022
Virtual Event | Online Only
Licensing and the Internet of Things
Featured Speakers:
Kirti Gupta
Bowman Heiden
Monica Magnusson
Richard Varey
Moderator:
Adam Mossoff
surveillance ring doorbell internet of things
05
December 2022
Virtual Event | Online Only
Licensing and the Internet of Things
Monday 10:00 - 11:00AM
surveillance ring doorbell internet of things
Featured Speakers:
Kirti Gupta
Bowman Heiden
Monica Magnusson
Richard Varey
Moderator:
Adam Mossoff
06
December 2022
In-Person Event | Invite Only
Australia’s Role in the China Struggle: A Conversation with Scott Morrison
Featured Speakers:
Hon. Scott Morrison
Miles Yu
Scott Morrison
06
December 2022
In-Person Event | Invite Only
Australia’s Role in the China Struggle: A Conversation with Scott Morrison

Please join Hudson Institute’s China Center for a conversation with Thirtieth Prime Minister of Australia Scott Morrison and Hudson Institute China Center Director Miles Yu to discuss Australia’s role in combatting the threat to a free and open Indo-Pacific.

Tuesday 12:30 - 2:00PM
Scott Morrison
Featured Speakers:
Hon. Scott Morrison
Miles Yu