CRS Examines IP Rights Abroad, Considers State Sovereign Immunity in Copyright Suits

In separate reports, the Congressional Research Service ("CRS") provided an overview of (i) intellectual property rights ("IPR") and international trade and (ii) copyright and state sovereign immunity.

In a report on IPR and international trade, CRS addressed the role of U.S. international trade policy in enhancing overseas protections and enforcement of IPR. CRS examined prior trade agreements in connection with how trade policy has been used to advance IPR rules internationally, and evaluated the degree to which IPR may surface in ongoing and future trade negotiations. In addition, CRS raised key issues relating to IPR and trade policy that Congress could consider as it fulfills its legislative, oversight and appropriations responsibilities.

Separately, in a report on copyright and state sovereign immunity, CRS examined the law of state sovereign immunity and considered the implications for Congress of the Supreme Court's Allen v. Cooper decision. State sovereign immunity is the principle that a sovereign state cannot be charged in a civil suit or criminal prosecution in federal court without its consent. According to the CRS report, state sovereign immunity has been a point of conflict in copyright suits under the Intellectual Property Clause ("IP Clause") of the Constitution. CRS analyzed the impact of the decision, citing the Court's conclusion that Congress (i) lacked the power to abrogate state sovereign immunity in copyright suits under the IP Clause and (ii) did not validly abrogate state sovereign immunity under Section 5 of the Fourteenth Amendment.

Commentary

In the modern information age, intellectual property rights continue to grow in significance as data and streaming rights take center stage. The balance of rights between the federal and state governments, and among our trading partners, are two key areas where important IPR debates are happening.

Email me about this

Tags