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States can’t change IPR laws

Hartline ’23 [David; October 9; Legal fellow at Hudson Institute’s Forum for Intellectual Property; Hudson Institute; “The IP Law Problem with California’s New Right to Repair Act”; https://www.hudson.org/intellectual-property/ip-law-problem-californias-new-right-repair-act-devlin-hartline#:~:text=Under%20the%20Supremacy%20Clause%2C%20states,the%20Copyright%20and%20Patent%20Acts.]

But, more importantly, it’s not up to the states to second-guess Congress’s judgment. The policy debates over the protections and remedies accorded to copyright and patent owners typically take place at the federal level for good reason. Under the Supremacy Clause, states are powerless to enact laws that conflict with federal laws, including the Copyright and Patent Acts.

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