Re: Proposal to encourage waiver of state immunity for infringement

At 12:08 AM 12/12/01 -0800, Terry Carroll wrote:
>The basic operation of the proposed bills, like the set introduced last
>Congress, is to prohibit a state from asserting a patent, copyright or
>trademark, unless the state also waives its Eleventh Amendment immunity.
>The bill requires a waiver either before January 1, 2004 or before the
>commencement of infringement.

An interesting concept. Are there other statutes like this? I think this will add to the controversy over "unconstitutional conditions" attaching to the extension or exercise of a federal right. Could Congress prohibit states from owning or exercising IP at all?

*Vance R. Koven                   Counselor at Law  *
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