India’s medical tourism: the synergy of AI, IP, and data privacy

India's medical tourism sector is booming, fuelled by affordable treatments, highly skilled healthcare professionals, minimal waiting times and quick access, and cutting-edge medical technology. The appeal is enhanced by traditional medicine systems such as ayurveda and yoga, along with wellness retreats, and healing resorts offering post-treatment care, physiotherapy, and mental health support. According to Crisil, an Indian analytics company, medical tourists visiting India are projected to rise from 6.1 million in 2023 to 7.3 million in 2024.

As India solidifies its position as a leader in this field, intellectual property (IP) and AI are becoming increasingly pivotal in shaping its trajectory.

The reputation of hospitals, clinics, medical services, and pharmaceutical companies is a cornerstone of India’s medical tourism industry.

Differentiating legitimate healthcare providers and products from counterfeit or unauthorised entities is crucial to attracting international patients. A robust brand presence, supported by statutory protection, signifies quality and reassures patients that they will receive care from trusted, licensed institutions.

However, the increasing demand for healthcare has led to fraudulent healthcare providers exploiting the goodwill of established brands, eroding patient trust and safety.

Registered trademarks and their brand elements help international patients to identify reputable goods and services and distinguish them from unauthorised ones. While the trademarks law recognises common law rights in unregistered trademarks, trademark registrations play a pivotal role, offering a legal presumption of ownership that makes enforcement more straightforward. In Cadila Healthcare Limited v Cadila Pharmaceuticals Limited (2001), the Supreme Court of India advocated the adoption of a stricter approach in assessing confusion in medical-related trademarks due to the serious implications for patient safety.

IP enforcement mechanisms – including lawsuits, civil and criminal raids, customs recordal, digital monitoring, and market surveillance – enable brand owners to act against misuse of their trademarks. They can request for a court-appointed commissioner to seize counterfeits and/or use John Doe orders from the courts to identify infringers in cases where identifying the counterfeiter is difficult, or where several parties are involved, with a common link. Any lookalike or identically named hospitals and healthcare facilities cause confusion among international patients. Timely action helps to foster confidence that Indian healthcare services are high quality, protected, and trustworthy.

AI technologies can monitor online marketplaces, websites, and social media for IP infringements, such as counterfeit drug sales or unauthorised medical procedures, in real time, enabling quicker responses. By monitoring trademark usage and verifying provider authenticity, AI ensures that international patients can trust the institutions they interact with.

Telemedicine allows international patients to consult and follow up with top Indian doctors remotely, offering affordable, accessible care across various specialities, with ease of scheduling. Virtual clinics make India a one-stop destination for diverse treatments ranging from general medicine to, for example, oncology, cardiology, and orthopaedics.

As telemedicine platforms evolve with AI-driven diagnostics in India, securing a trusted brand identity becomes crucial. Trademark registrations and domain name protection are essential to safeguard digital assets, prevent cybersquatting and fraudulent websites, and ensure easy access to services. Domain disputes can be resolved through the Uniform Domain Name Dispute Resolution Policy for generic top-level domains such as .com and .org, or local regulations such as .in country-code top-level domains governed under the .IN Domain Name Dispute Resolution Policy.

Patents play a significant role in attracting medical tourists to India by fostering innovation in healthcare and offering easy access to advanced, yet affordable, treatments and technologies. Innovations such as minimally invasive surgical instruments, advanced imaging technologies, robotic surgeries, AI-driven diagnostics, and medical devices are increasingly being patented to safeguard the global competitiveness of Indian healthcare providers, enhancing the quality of care and affordability.

India's generic pharmaceutical industry offers affordable versions of patented drugs, enabling patients from countries with high healthcare costs to access life-saving medications at a lower price. Flexibilities in India’s patent laws, such as compulsory licensing, ensure treatments remain accessible. For example, in 2012, Natco Pharma was granted a compulsory licence to produce Bayer’s cancer drug Nexavar, significantly lowering treatment costs.

Partnerships with international medical device and pharmaceutical companies allow Indian hospitals to use patented technologies, improving healthcare quality and attracting foreign patients.

AI-powered analytics significantly enhance patient care by predicting treatment outcomes, personalising care plans, and supporting remote monitoring. In medical tourism, where trust is paramount, safeguarding patient data is critical. Compliance with global data privacy standards such as the EU’s General Data Protection Regulation is essential for ensuring data encryption, consent protocols, and secure data transfer methods.

The Puttaswamy judgment (2017) by the Supreme Court of India cemented privacy as a fundamental right, setting a strong precedent for robust data protection in the digital era.

The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 regulate the handling of “sensitive personal data”, including health records and biometric information requiring explicit consent for collection, processing, and transfer. The Electronic Health Record (HER) Standards for India, 2016 govern the protection, storage, and sharing of protected health information and electronic protected health information, ensuring explicit consent is obtained. The Digital Personal Data Protection Act, 2023 governs digital personal data processing to ensure privacy and security.

The Data Security Council of India’s Sectoral Privacy Guide: Healthcare outlines what constitutes personal health data – namely, demographic, administrative, health risk data, and health status – while national guidelines and laws regulate data protection. The National Ethical Guidelines for Biomedical and Health Research involving Human Participants emphasise the importance of data privacy, accuracy, secure retention, and confidentiality.

In line with these frameworks, BlockTrack, developed by the Indian Institute of Technology Madras, is India’s first blockchain-based system for secure medical data exchange. By decentralising patient information, it enhances privacy, minimises unauthorised access, and ensures seamless interoperability across healthcare providers. The system allows patients to access their records without duplication and enables secure data sharing globally, while also helping to track disease spread.

Medical tourism also involves training healthcare professionals in advanced practices. Educational materials, surgical techniques, and treatment guidelines are valuable for training international professionals and building global partnerships. Healthcare providers should invest in copyright registrations that safeguard such proprietary training programmes, preventing unauthorised use.

Additionally, AI-generated marketing content, patient guides, and educational resources are crucial for distinguishing healthcare providers, with copyright ensuring their exclusivity and enhancing their appeal to international patients seeking reliable, high-quality information.

AI boosts medical tourism marketing by analysing patient data to target specific demographics, such as those from regions with limited healthcare access or those seeking specialised treatments. AI tools help providers to create personalised ads, patient testimonials, and tailored treatment packages to attract a global audience. Marketing materials such as blogs, videos, and testimonials are valuable IP assets, and IP protection ensures their exclusivity.

The convergence of IP and AI is transforming India’s medical tourism industry. With AI advancing diagnostics, remote monitoring, and personalised treatment, the Indian government is exploring enhanced IP protections for AI innovations. By embracing strategic IP approaches and leveraging AI, India is attracting more medical tourists while strengthening its healthcare ecosystem.