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preemption Archives

State Labeling Law Not Preempted by Federal Copyright Act

Federal preemption refers to when a state law is considered invalid because it attempts to regulate something a federal law exclusively controls. State governments have concurrent jurisdiction over many criminal matters with the federal government. But where state law conflicts with federal law on a subject within the power of Congress to regulate, the state law may be preempted by the federal law. Copyright, trademark, and patent law is an area where Congress has chosen to exclusively regulate in order to provide uniform rules and procedures protecting intellectual property rights. But a state law may still be valid if it requires an extra element beyond those required for violation of the federal statutes protecting intellectual property rights. In the recent Tennessee case of State v. Pierson, W2012-02565-CCA-R3-CD (Tenn.Crim.App. 1-23-2014), the Court of Criminal Appeals concluded a state statute imposing criminal liability for non-compliance with certain labeling requirements is not preempted by the federal Copyright Act.

State Labeling Law Not Preempted by Federal Copyright Act

Federal preemption refers to when a state law is considered invalid because it attempts to regulate something a federal law exclusively controls. State governments have concurrent jurisdiction over many criminal matters with the federal government. But where state law conflicts with federal law on a subject within the power of Congress to regulate, the state law may be preempted by the federal law. Copyright, trademark, and patent law is an area where Congress has chosen to exclusively regulate in order to provide uniform rules and procedures protecting intellectual property rights. But a state law may still be valid if it requires an extra element beyond those required for violation of the federal statutes protecting intellectual property rights. In the recent Tennessee case of State v. Pierson, W2012-02565-CCA-R3-CD (Tenn.Crim.App. 1-23-2014), the Court of Criminal Appeals concluded a state statute imposing criminal liability for non-compliance with certain labeling requirements is not preempted by the federal Copyright Act.

State Labeling Law Not Preempted by Federal Copyright Act

Federal preemption refers to when a state law is considered invalid because it attempts to regulate something a federal law exclusively controls. State governments have concurrent jurisdiction over many criminal matters with the federal government. But where state law conflicts with federal law on a subject within the power of Congress to regulate, the state law may be preempted by the federal law. Copyright, trademark, and patent law is an area where Congress has chosen to exclusively regulate in order to provide uniform rules and procedures protecting intellectual property rights. But a state law may still be valid if it requires an extra element beyond those required for violation of the federal statutes protecting intellectual property rights. In the recent Tennessee case of State v. Pierson, W2012-02565-CCA-R3-CD (Tenn.Crim.App. 1-23-2014), the Court of Criminal Appeals concluded a state statute imposing criminal liability for non-compliance with certain labeling requirements is not preempted by the federal Copyright Act.

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