The Right to Repair in a Pandemic

Abstract

The COVID-19 pandemic has highlighted the need for explicit rights to repair needed medical products during emergencies. Current law may deter such actions because of the risk of private intellectual property infringement liability, and contracts may also prohibit making legitimate repairs. Congress should consider adopting limited exceptions to infringement to assure the ability to make repairs.

Keywords: Intellectual property, COVID-19, emergency, repair, preemption, contracts, medical devices, 3D printing, PREP Act