Sovereign Immunity and the Protection of Intellectual Property: Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Seventh Congress, Second Session, February 27, 2002U.S. Government Printing Office, 2003 - 93 páginas |
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Palavras e frases frequentes
abrogate State sovereign Article I powers believe Chairman LEAHY Christopher Newport University City of Boerne Clause College Savings Bank Commerce Congress congressional constitutional violations Copyright Act copyright infringement Copyright Office copyright owners CRCA created doctrine due process Eleventh Amendment enactment entities erty Ex parte Young federal court federal intellectual property Florida Prepaid decisions Florida Prepaid Postsecondary Fourteenth Amendment Georgia incentive injunctive relief intellec intellectual prop intellectual property laws intellectual property owners Intellectual Property Protection intellectual property rights intellectual property system issue Lanham Act lectual property legislation liable license monetary relief non-waiving Parden patent and trademark patent infringement Patrick Leahy Prepaid Postsecondary Education private parties Remedy Clarification Act ROGAN Schraad Seminole Tribe Senate Bill 1611 Senator Hatch SIIA sovereign immunity sovereignty State's statute Supreme Court tion tual property unconstitutional University waive its immunity waive sovereign immunity waive their immunity waive their sovereign waiver of sovereign
Passagens conhecidas
Página 16 - If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.
Página 36 - In the latter, the local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them within its own sphere.
Página 36 - In the compound republic of America, the power surrendered by the people, is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other ; at the same time that each will be controlled by itself.
Página 13 - Court. But when a State leaves the sphere that is exclusively its own and enters into activities subject to congressional regulation, it subjects itself to that regulation as fully as if it were -a private person or corporation.
Página 51 - Our decisions have recognized that in some circumstances the financial inducement offered by Congress might be so coercive as to pass the point at which "pressure turns into compulsion.
Página 47 - Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.
Página 37 - States' immunity from suit is a fundamental aspect of the sovereignty which the States enjoyed before the ratification of the Constitution, and which they retain today...
Página 58 - If the act which the state Attorney General seeks to enforce be a violation of the Federal Constitution, the officer in proceeding under such enactment comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct.
Página 80 - Since 1988, the Business Software Alliance has been the voice of the world's leading software developers before governments and with consumers in the international marketplace. Its members represent the fastest growing industry in the world.
Página 36 - He called for a single instance in which the General Government was not to operate on the people individually. The practicability of making laws, with coercive sanctions, for the States as Political bodies, had been exploded on all hands.