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Berkeley Center Law & Technology
and
Berkeley Technology Law Journal
Present

INFRINGE AT WILL? THE CONSTITUTIONAL DILEMMA POSED BY STATE INFRINGEMENT OF FEDERAL INTELLECTUAL PROPERTY RIGHTS

A Panel Discussion Considering
Florida Prepaid v. College Savings Bank

Monday, October 11, 1999
12:30 to 2:00
Booth Auditorium, Boalt Hall School of Law, UC Berkeley

In June 1999, the Supreme Court took many by surprise in Florida Prepaid v. College Savings Bank, which held that states cannot be sued in federal court for patent infringement. This unprecedented, groundbreaking decision raises many questions. Do states have any obligation to observe patent and copyright protection? Is Congress powerless to act? If not, what must Congress do to allow owners to enforce their intellectual property against a state?

The Florida Prepaid decision deserves careful study to determine its implications for intellectual property law. The Berkeley Center for Law & Technology and the Berkeley Technology Law Journal are convening a panel to accomplish just that. Panelists include:

  • Simon Steel, Special Counsel for Global Competition at the Federal Trade Commission, and a former law clerk to Justice O'Connor
  • Eugene Volokh, acting professor of law, UCLA Law School, and former law clerk to Justice O'Connor,
  • Robert P. Taylor, managing partner, Howrey & Simon, Menlo Park, CA

The panel will be moderated by Professor Pamela Samuelson, professor of law and information management, UC Berkeley.

Consideration will be given to remedies, including injunctions, that might be available under existing state and federal law, the political reaction in Washington, and how Congress might be able to use takings law to ensure that state governments respect federal intellectual property rights.

For more information, please contact:

Larry Trask
Berkeley Center for Law & Technology
510-642-8073
ltrask@law.berkeley.edu

 


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