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Critical Medical Infrastructure Right-to-Repair Act of 2020

USA116th CongressHR-7956| House 
| Updated: 8/7/2020
Yvette D. Clarke

Yvette D. Clarke

Democratic Representative

New York

Cosponsors (2)
Jerry McNerney (Democratic)Suzanne Bonamici (Democratic)

Judiciary Committee, Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Critical Medical Infrastructure Right-to-Repair Act of 2020 This bill removes certain intellectual property-related restrictions on repairing or maintaining critical medical infrastructure (i.e., a device or product used to provide medical services). During the declared COVID-19 (i.e., coronavirus disease 2019) emergency, it shall not be copyright infringement for an owner or licensee of service materials (such as manuals or computer diagnostic software) to copy such materials if (1) the copying is incidental to the repair or maintenance of critical medical infrastructure, and (2) such repair or maintenance is in response to the emergency. Similarly, during the emergency, the prohibition against circumventing technology to control access to a work (or trafficking in circumvention tools) shall not apply to an owner or licensee of critical medical infrastructure if the circumvention is done to repair or maintain critical medical infrastructure in response to the emergency. During the emergency, it shall also not be design patent infringement if the owner or licensee of critical medical infrastructure fabricates a patented part on a noncommercial basis in order to repair or maintain the infrastructure in response to the emergency. The bill also nullifies any contract provision that restricts the ability of the owner or licensee of critical medical infrastructure to repair or maintain such infrastructure in response to the emergency. The manufacturer of critical medical infrastructure shall (1) offer for sale on reasonable terms any tool or information for servicing or repairing such infrastructure, and (2) provide information for making such tools to aftermarket tool manufacturers. The Federal Trade Commission shall have the authority to enforce these requirements.
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Timeline
Aug 6, 2020

Latest Companion Bill Action

S 116-4473
Introduced in Senate
Aug 7, 2020
Introduced in House
Aug 7, 2020
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • August 6, 2020

    Latest Companion Bill Action

    S 116-4473
    Introduced in Senate


  • August 7, 2020
    Introduced in House


  • August 7, 2020
    Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Commerce

Related Bills

  • S 116-4473: Critical Medical Infrastructure Right-to-Repair Act of 2020
Cardiovascular and respiratory healthCongressional oversightContracts and agencyEmergency medical services and trauma careGovernment studies and investigationsHealth facilities and institutionsHealth personnelHealth technology, devices, suppliesInfectious and parasitic diseasesIntellectual propertyManufacturingTrade secrets and economic espionage

Critical Medical Infrastructure Right-to-Repair Act of 2020

USA116th CongressHR-7956| House 
| Updated: 8/7/2020
Critical Medical Infrastructure Right-to-Repair Act of 2020 This bill removes certain intellectual property-related restrictions on repairing or maintaining critical medical infrastructure (i.e., a device or product used to provide medical services). During the declared COVID-19 (i.e., coronavirus disease 2019) emergency, it shall not be copyright infringement for an owner or licensee of service materials (such as manuals or computer diagnostic software) to copy such materials if (1) the copying is incidental to the repair or maintenance of critical medical infrastructure, and (2) such repair or maintenance is in response to the emergency. Similarly, during the emergency, the prohibition against circumventing technology to control access to a work (or trafficking in circumvention tools) shall not apply to an owner or licensee of critical medical infrastructure if the circumvention is done to repair or maintain critical medical infrastructure in response to the emergency. During the emergency, it shall also not be design patent infringement if the owner or licensee of critical medical infrastructure fabricates a patented part on a noncommercial basis in order to repair or maintain the infrastructure in response to the emergency. The bill also nullifies any contract provision that restricts the ability of the owner or licensee of critical medical infrastructure to repair or maintain such infrastructure in response to the emergency. The manufacturer of critical medical infrastructure shall (1) offer for sale on reasonable terms any tool or information for servicing or repairing such infrastructure, and (2) provide information for making such tools to aftermarket tool manufacturers. The Federal Trade Commission shall have the authority to enforce these requirements.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Aug 6, 2020

Latest Companion Bill Action

S 116-4473
Introduced in Senate
Aug 7, 2020
Introduced in House
Aug 7, 2020
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • August 6, 2020

    Latest Companion Bill Action

    S 116-4473
    Introduced in Senate


  • August 7, 2020
    Introduced in House


  • August 7, 2020
    Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Yvette D. Clarke

Yvette D. Clarke

Democratic Representative

New York

Cosponsors (2)
Jerry McNerney (Democratic)Suzanne Bonamici (Democratic)

Judiciary Committee, Energy and Commerce Committee

Commerce

Related Bills

  • S 116-4473: Critical Medical Infrastructure Right-to-Repair Act of 2020
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Cardiovascular and respiratory healthCongressional oversightContracts and agencyEmergency medical services and trauma careGovernment studies and investigationsHealth facilities and institutionsHealth personnelHealth technology, devices, suppliesInfectious and parasitic diseasesIntellectual propertyManufacturingTrade secrets and economic espionage