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Monday, April 08, 2024

EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System

 Recently, India and a group of 4 European countries- Iceland, Liechtenstein, Norway, and Switzerland (EFTA) signed a Trade Economic Partnership Agreement (TEPA) on a variety of trade related issues, including intellectual property rights. Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. 

 Weakening Section 8 risks patent quality, discourages accurate disclosure of information about the relevant foreign applications, harming consumers.

Hence, it is crucial for us to reconsider the patent rules, taking into account the altered circumstances brought about by the TEPA agreement, which introduces Section 25(1)(h) as an opposition ground and necessitates enabling an active implementation of Section 64(1)(m). Our recommendation is to amend Rule 12, to include a sworn affidavit that all foreign patent prosecutions and their statuses, as updated to the patent office, are conclusive and comprehensive to the best of the knowledge of inventors and right holders. A rule can be introduced, whereby giving false or suppressing information under the affidavit could attract unliquidated damages for loss of time and resources of the patent office. This will ensure that if the company was aware of certain foreign patent proceedings but failed to disclose them to the Patent Office, a mental element can be assumed through an affidavit by default.

It’s crucial to uphold the safety net established by the pioneers of our patent law to balance the rights of the holder with the public’s interests. This is especially vital as technology advances rapidly while the law struggles to keep up.

(source: spicyip- https://spicyip.com/2024/04/efta-india-free-trade-agreement-and-patents-rules-amendment-compromising-public-accountability-and-transparency-in-the-indian-patent-system.html


Tuesday, April 02, 2024

AI in healthcare

 




 

Integrating AI into healthcare offers profound benefits, not just in economic terms but also in enhancing the quality and efficiency of patient care. This paper articulately presents a multidimensional view of AI's impact, balancing economic savings against improvements in healthcare delivery and outcomes. As healthcare continues to evolve, embracing AI becomes essential for addressing current challenges and shaping the future of healthcare services.

Paper:  Dr. (Prof.) Narendra Nath Khanna, Mahesh Maindarkar, PhD, Vijay Viswanathan, Jose Fernandes E Fernandes, Sudip Paul, Mrinalini Bhagawati, Puneet Ahluwalia, Zoltan Ruzsa, Aditya Sharma, Raghu Kolluri, and et al. 2022. "Economics of Artificial Intelligence in Healthcare: Diagnosis vs. Treatment" Healthcare 10, no. 12: 2493. DOI: 10.3390/healthcare10122493