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First IP High Court Decision on Patent Linkage and Unfair Competition
Kenji Tosaki, Takahiro Hatori, Nozomi Kato (Co-author)
- Intellectual Property
- Dispute Resolution
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*Please note that this newsletter is for informational purposes only and does not constitute legal advice. In addition, it is based on information as of its date of publication and does not reflect information after such date. In particular, please also note that preliminary reports in this newsletter may differ from current interpretations and practice depending on the nature of the report.
Background
The World Health Organization (“WHO”) has described the term ‘Telemedicine’ as the delivery of healthcare services, where distance is a critical factor, by all healthcare professionals, using information and communication technologies for diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education of healthcare providers. Examples are: (i) patient-to-healthcare provider communication via webcam or mobile application, (ii) healthcare provider-to-healthcare provider communication via webcam, or mobile application, (iii) store-and-forward telemedicine or the collection of clinical data and sending it electronically to another healthcare provider for evaluation.
Before the arrival of the COVID-19 pandemic in Thailand, telemedicine was rather viewed as an optional path to physical contact with healthcare professionals and patients. Since then, telemedicine has reached a level of unprecedented growth owing to the necessity of having ‘contactless’ safety requirements and overcoming ‘long-distance’ obstacles. This article provides the latest legal update and trends in relation to the said medical technology business.
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Kenji Tosaki, Takahiro Hatori, Nozomi Kato (Co-author)
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