Annex C – Policy on Use of AAMI Intellectual Property

This document defines AAMI’s policy on certain permitted uses of AAMI-owned or controlled intellectual property (IP) and specifies the means by which AAMI may protect its IP rights. AAMI’s IP includes its trademarks and copyrights found in publications such as the standards developed and adopted by AAMI as National Adoptions of international Standards (AAMI Standards), technical information reports, practical information, support and guidance offered by AAMI and may be in physical or electronic forms such as books, periodicals, newsletters, courses and continuing education seminars and materials (collectively, AAMI IP). AAMI's IP is a valuable resource that AAMI offers to its members and to the health technology industry and that must be protected to ensure its longevity and availability. It is the responsibility of AAMI’s Board of Directors, staff, members, and other industry stakeholders to protect this resource and ensure that it is used in accordance with this policy.

AAMI GUIDANCE ON THE USE OF IP

1. Notwithstanding the limitations of this policy, licensees may use the content of AAMI Standards and other AAMI IP in accordance with the written license agreement entered into between them and AAMI when they purchased or otherwise licensed that IP.
2. Individuals and entities may freely cite to or reference AAMI IP and are encouraged to do so.

    

3. In no event may any individual or entity duplicate, publish, quote, print or otherwise communicate the entire content or substantially all of the relevant portions of any AAMI IP without prior written permission from AAMI , with the exception that an AAMI Standard may be submitted to a regulatory body solely for the purposes of meeting specific regulatory requirements and/or for the internal use of the regulatory body. This should be considered a limited license solely for the purpose of assuring that regulators and the regulated receive the full benefit of AAMI Standards during a regulatory process. When submitted to a regulatory body under this section an AAMI Standard must maintain any and all copyright notices and other notices identifying the standard as a National Adoption together with an indication of the origin of the text.
4. An individual or entity may quote, print, or otherwise communicate a portion of the content of an AAMI Standard necessary and relevant to the use without prior written permission from AAMI if the following conditions are met. AAMI reserves the right to evaluate in its sole discretion whether all conditions are satisfied. AAMI further reserves the right to revoke or modify the permissions granted under this section at any time.

   4.1.   The use is not for a commercial or for-profit purpose which may or does deprive AAMI of income.

   4.2.   The use cannot state or imply AAMI endorsement of any products or services.

    

   4.3.   The use cannot state or imply that AAMI, in any way, represents that any products or services meet or exceed AAMI Standards or recommendations, nor can the use imply

   any form of AAMI endorsement of anyone’s expertise pertaining to AAMI IP, its products or services.

   4.4.   The use promotes AAMI’s goal of supporting the healthcare community in the development, management, and use of safe and effective healthcare technology.

   4.5.   The use accurately represents the AAMI Standard’s content, and the degree of adoption (identical, or with deviation) in the U.S.

   4.6.   The use involves the content of an AAMI Standard in final form. Draft standards shall not be used, reprinted, distributed or published under any circumstances.

   4.7.   The use includes a citation to the source of the work and attributes the work to AAMI in substantially the following form:

   [U.S. Designation]([equivalency]) Copyright [year] AAMI

    

5. An individual or entity may request and obtain written permission from AAMI prior to use the content of any AAMI IP in a manner that exceeds the uses allowed under this policy or otherwise permitted by law. Permission may be conditioned upon payment of compensation. When requested, AAMI will review proposed uses of AAMI products for compliance with this policy and for the granting of licenses for specific uses and users.
6. If AAMI determines or suspects that this guidance or a license otherwise granted has been violated AAMI may, when possible, notify the user of the AAMI IP and provide an opportunity for the user to justify the use. With or without such notification or opportunity AAMI reserves the right to take all necessary action, in consultation with the appropriate AAMI body and legal counsel, to remedy the violation and enforce its IP rights, including, if appropriate, seeking legal redress and compensation for the harm done or loss to AAMI.