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US Perspectives: In US, No Remedies For Growing IP Infringements


Ubi Jus Ibi Remedium. Alas, that longstanding legal principle – where there’s a right, there’s a remedy – doesn’t apply to IP owners in the US. Thanks to several Supreme Court rulings interpreting the US Constitution, owners of patents have no recourse when their IP is infringed by US states. Copyright owners now face the same fate, unless the Supreme Court reverses a recent 4th Circuit decision.

New legislation might be more successful. Now that the Supreme Court has set out the legal standards for abrogating state sovereign immunity, Congress can craft laws to meet those standards. "Congress would need to show a specific legislative intent to abrogate state sovereign immunity and would need to show a pattern of infringement by states [in order for the statute to be properly enacted under Section 5 of the 14th Amendment]," said Edward T. White, a partner in the LeClairRyan law firm.

Read the full article in Intellectual Property Watch here.

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