COVID-19 Highlights Need for Rights to Repair and Produce in Emergencies

2 Pages Posted: 30 Jun 2020

Date Written: May 19, 2020

Abstract

The COVID-19 pandemic has highlighted the need for explicit rights to repair and to supply needed medical products during emergencies. Current law may deter such actions because of the risk of private intellectual property infringement and tort liability, and contracts may also prohibit making legitimate repairs. Legislation is needed to authorize in advance the right to repair and production rights for defined emergencies.

Keywords: Intellectual property, COVID-19, Emergency, Repair, Production, Preemption, Contracts, Medical Devices, 3D printing, PREP Act, Tort liability

Suggested Citation

Sarnoff, Joshua D., COVID-19 Highlights Need for Rights to Repair and Produce in Emergencies (May 19, 2020). Available at SSRN: https://ssrn.com/abstract=3636551 or http://dx.doi.org/10.2139/ssrn.3636551

Joshua D. Sarnoff (Contact Author)

DePaul University College of Law ( email )

25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States
312-362-6326 (Phone)

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