25
October 2021
Past Event
Virtual Event | IP Infringement and State Sovereign Immunity

Virtual Event | IP Infringement and State Sovereign Immunity

Past Event
Online Only
October 25, 2021
25
October 2021
Past Event

1201 Pennsylvania Avenue, N.W., Suite 400
Washington, DC 20004

Speakers:
Osenga
Kristen J. Osenga

Contributor, Intellectual Property Forum

Kevin Madigan

Vice President, Legal Policy and Copyright Counsel, Copyright Alliance

Rick Allen

Co-Founder, Executive Producer, and Director, Nautilus Productions

hartline
Devlin Hartline

Senior Fellow

Please be advised: This event will premiere on this page at 12:00 p.m. EDT, Monday, October 25. Register for the event here

Join Hudson Institute Legal Fellow Devlin Hartline and expert panelists Kristen Osenga, Kevin Madigan, and Rick Allen to discuss state sovereign immunity for intellectual property infringement.

Under the Eleventh Amendment of the U.S. Constitution, states enjoy sovereign immunity that generally prevents individuals from suing states in federal court for monetary damages or injunctive relief. In the early 1990s, Congress passed legislation abrogating state sovereign immunity for patent, trademark, and copyright infringement, thus allowing lawsuits against states for intellectual property infringements. However, the courts have held that Congress did not have the authority to abrogate sovereign immunity using its powers under the Commerce Clause and Intellectual Property Clause of Article I.

The Supreme Court has indicated that Congress can use its power under the Fourteenth Amendment to abrogate state sovereign immunity, but it must first show that states' infringements are widespread and persistent, intentional or reckless, and unremedied under state law. So far, the courts held that Congress did not have an adequate record when it attempted abrogation in the early 1990s. The U.S. Patent and Trademark Office and the U.S. Copyright Office recently conducted studies to gauge the extent and character of infringements by states. The panelists will discuss the problems of state infringements and explore whether Congress now has enough evidence to abrogate state sovereign immunity for intellectual property infringements. Please join Hudson Institute for this important discussion.

Related Events
19
May 2025
In-Person Event | Hudson Institute
The Rt. Hon. Sir Iain Duncan Smith MP on How the West Can Overcome the Totalitarian Axis
Featured Speakers:
Sir Iain Duncan Smith
Daniel Kochis
Getty Images
19
May 2025
In-Person Event | Hudson Institute
The Rt. Hon. Sir Iain Duncan Smith MP on How the West Can Overcome the Totalitarian Axis

Join Hudson for a discussion with Sir Iain on the economic, political, and security measures the US and its allies need to take to defeat the rising authoritarian axis.

Getty Images
Featured Speakers:
Sir Iain Duncan Smith
Daniel Kochis
19
May 2025
In-Person Event | Hudson Institute
Israel and Civilization: The Fate of the Jewish Nation and the Destiny of the West
Featured Speakers:
Josh Hammer
Rebeccah L. Heinrichs
Getty Images
19
May 2025
In-Person Event | Hudson Institute
Israel and Civilization: The Fate of the Jewish Nation and the Destiny of the West

Join Keystone Defense Initiative Director Rebeccah Heinrichs for a conversation with Hammer about the book and the future of US-Israel relations.

Getty Images
Featured Speakers:
Josh Hammer
Rebeccah L. Heinrichs
22
May 2025
Virtual Event | Invitation Only
US-China Rivalry in the Middle East Conference
Featured Speakers:
Senator Ted Cruz
Elliott Abrams
Michael Doran
Mary Kissel
Bernard Haykel
Joshua Meservey
John Lee
Aaron MacLean
Ray Takeyh
Thomas J. Duesterberg
Ellie Cohanim
Jonathan Hessen
Joel Scanlon
Jason Hsu
Dan Blumenthal
Michael Sobolik
Garrett Exner
Ilan Berman
Mike Watson
Moderators:
Liel Leibovitz
Zineb Riboua
Ethan Gutman
Adhwaa Alsaleh
Daniel Samet
(US-China Rivalry in the Middle East logo)
22
May 2025
Virtual Event | Invitation Only
US-China Rivalry in the Middle East Conference

Former policymakers and leading national security experts will join Hudson to assess how China’s growing influence is reshaping the regional order—and how the US should respond.

(US-China Rivalry in the Middle East logo)
Featured Speakers:
Senator Ted Cruz
Elliott Abrams
Michael Doran
Mary Kissel
Bernard Haykel
Joshua Meservey
John Lee
Aaron MacLean
Ray Takeyh
Thomas J. Duesterberg
Ellie Cohanim
Jonathan Hessen
Joel Scanlon
Jason Hsu
Dan Blumenthal
Michael Sobolik
Garrett Exner
Ilan Berman
Mike Watson
Moderators:
Liel Leibovitz
Zineb Riboua
Ethan Gutman
Adhwaa Alsaleh
Daniel Samet
15
May 2025
Past Event
Driving US Investment in Latin America
Featured Speakers:
Rob Mosbacher Jr.
Laura Burns
Erick Brimen
Moderator:
Daniel Batlle
Getty Images
15
May 2025
Past Event
Driving US Investment in Latin America

Join Hudson for a panel that will examine some of the tools that could help revitalize US investment in the region, including development finance, political risk insurance, and economic innovation zones.

Getty Images
Featured Speakers:
Rob Mosbacher Jr.
Laura Burns
Erick Brimen
Moderator:
Daniel Batlle