AI & Ownership: IP, Competition Law, and Publicity Rights in a Changing World – Part 2

AI & Ownership: IP, Competition Law, and Publicity Rights in a Changing World – Part 2

By Shantanu Mukherjee and Anushka Iyer RECAP In Part 1 of our series on AI & Ownership, we examined how governments and courts across various jurisdictions approach ownership of AI-generated works. In doing so, we looked at the landmark judgment of Thaler v. Vidal where the US, UK, Europe, Australia, and Germany denied protection to a patent filed naming AI […]

AI & Ownership: IP, Competition Law, and Publicity Rights in a Changing World – Part 1

By Shantanu Mukherjee and Anushka Iyer BACKGROUND LLMs such as ChatGPT, have demonstrated AI’s ability to generate various types of content based on text inputs, that resemble those created by humans – to the extent that it has become very difficult to differentiate between the two. Recently, German artist Boris Eldagsen, whose entry won a […]

AI in Healthcare Part 3: A Global Overview of AI Legislation

By Shantanu Mukherjee and Anushka Iyer INTRODUCTION In Part 2 of our series on AI in Healthcare, we examined the key legal and ethical challenges arising from the increasing use and adoption of AI, including issues related to data privacy, transparency, algorithmic bias, and product liability. In the months since the launch and sensational success […]

Artificial Intelligence in Healthcare: Part 2

By Shantanu Mukherjee and Anushka Iyer* INTRODUCTION “Our future is a race between the growing power of technology, and the wisdom with which we use it.” – Stephen Hawking. As we noted in Part 1[1] of our ongoing series on ‘AI in Healthcare’, ChatGPT proved phenomenally successful within days of its launch. This led to […]

Artificial Intelligence in Healthcare: Part 1

By Shantanu Mukherjee and Hrishika Girijan INTRODUCTION OpenAI’s[1] chatbot, ChatGPT, has been the talk of the tech town for over a week. More than a million people signed up to test it, and hundreds of screenshots of ChatGPT conversations went viral soon after. Since then, it’s been called a Google[2] Killer, banned by the popular programming forum Stack Overflow[3] […]

Health Data Privacy: Why the Law Matters

By Shantanu Mukherjee and Amruth Rao[1] On June 24, 2022, the United States Supreme Court overruled Roe v. Wade 410 U.S. 113 (1973), and Planned Parenthood v. Casey, 505 U.S. 833 (1992), and held that the American Constitution does not confer upon its citizens the right to abortion. In doing so, the Court allowed the states to […]

Oracle, Cerner, and The Quest For Healthcare Data

Shantanu Mukherjee and Amruth Rao[1] On 7th June 2021, Oracle announced that it had completed the acquisition of Cerner in a USD 28.3 billion, all-cash deal. Oracle, the world’s second-largest software company by revenue, is best known for its database software products and cloud services. Cerner, the second-largest healthcare IT company in the U.S. provides […]

Fitness Wearables and the Law: Part 2

By Shantanu Mukherjee and Anushka Iyer RECAP OF PART 1 The use of wearable devices capable of identifying key human biomarkers (e.g. blood pressure and oxygen levels) sharply accelerated during the Covid-19 pandemic. The deadly coronavirus came as an unpleasant reminder of the human body’s frailty and triggered a desire among many to lead healthier […]

Is Your Watch FDA Approved? Fitness Wearables and the Law: Part 1

by Shantanu Mukherjee and Anushka Iyer* on May 20, 2022 INTRODUCTION The COVID-19 pandemic led to the evolution and adoption of technology at an unprecedented pace in the Lifesciences industry, to the point where much of what would have been considered science fiction a few years ago is now close to reality. Consider how the […]

The Regulation of Telemedicine: A Global Comparative Analysis

by Shantanu Mukherjee and Vatsala Sood[i] INTRODUCTION Telemedicine usage spiked early in the COVID-19 Pandemic as consumers and providers sought safe ways to access and deliver healthcare. The healthcare profession had to react swiftly to deal with the social distancing measures put in place to assist flatten the curve of COVID-19 infections. At the peak […]

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