Intellectual Property

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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.