In every
branch of IP law, in domains from innovation to entertainment to sports,
challenging questions exist about which level of government—local, state,
national, international—is best positioned to craft and implement law and
policy. As Congress debates a new national trade secret law, the President
negotiates new trade pacts with controversial IP provisions, the courts
consider the constitutionality of a state resale royalty law for fine arts (Sam Francis Found’n v. Christie’s, Inc.)
and the copyright status of pre-1972 sound recordings, and states pass statutes
to combat abusive patent lawsuits, federalism remains a critical lens through
which to consider IP law’s challenges and opportunities. Through a call for
papers, this panel will explore these range of topics.
Papers from the program will be published in a Symposium Issue of the Journal of Intellectual Property Law.