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June 30, 2003

Congress Considers Change to IP Provision

The House Subcommittee on Courts, the Internet, and Intellectual Property conducted a hearing on June 17 to debate the merits of a legislative vehicle to force states to waive their sovereign immunity rights.

The Intellectual Property Protection Restoration Act of 2003 (H.R. 2344), introduced by Rep. Lamar Smith (R-TX), would require that public institutions waive state sovereignty immunity rights if they wish to take advantage of federal patent and copyright protections. Currently, state sponsored hospitals, research centers, and academic institutions are protected from intellectual property infringement claims. A similar bill (S. 1191) was introduced earlier this month by Sen. Patrick Leahy (D-VT). •••

 

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