Jan 13, 2025 | General
Fiddlehead ferns, Forest Pickle
Forest Pickle- Fiddlehead ferns are young, curled leaves of the fern plant that are harvested in the spring. They have a delicate flavour and a slightly crunchy texture. Wild garlic leek, on the other hand, is a small plant with a strong and pungent garlic like flavour. Fiddlehead ferns are a good source of fiber, vitamins, and minerals, while wild garlic leek is rich in antioxidants and has antimicrobial properties. The spices used in the pickle also have various health benefits, including improving digestion, boosting immunity, and reducing inflammation.
The wild leek is a rare ingredient of this product. These edible leaves of the plant are sourced from high altitude region from areas with almost no human impact.
Rye Flakes – Rye flakes are a type of cereal grain that are made by rolling germinated grains into flakes. They are similar in appearance to rolled oats and can be used in a variety of recipes.
Winter white honey – This honey is unfiltered and unpasteurized, ensuring that all of the beneficial enzymes, antioxidants, and vitamins are retained. It has a smooth and creamy texture, with a delicate floral aroma and a sweet taste that will leave your taste buds craving for more.
This Raw White Honey is perfect for adding to your tea or coffee, drizzling over your breakfast oatmeal or toast, or as a natural sweetener in your smoothies and baking recipes. It is also known for its anti-inflammatory and antibacterial properties, making it a great addition to your wellness routine.
To know more about Himalayan Gatherer and order their products, please contact Himalayan Gatherer Team here:
Shop: http://shophg.in/
Email ID: info@himalayangatherer.in
Company name: Himalayan Gatherer Traders and Makers LLP
LinkedIn URL: Kanav Vaidya
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Jan 13, 2025 | General
Living in the hills inspires Kanav Vaidya to create a unique range of natural and healthy products. The Himalayas inspired him to create a health food brand that emphasizes sustainability and natural ingredients.
His company, Himalayan Gatherer, incubated at BIC- HPU, recognised as a start up by GOI under Start up India, is highly committed to promoting healthy eating habits with minimal change to the raw product, thus respecting nature and the environment to bring nature’s gift as food to the world.
His vision for sustainability and conservation in the Himalayas and love for the bounty of the mountains encouraged the duo to embark on an entrepreneurial adventure. Himalayan Gatherer is a brand dedicated to providing natural and healthy food products sourced from the Himalayan region.
In this episode of Inspiring Tales with Bindu, you will know more about the entrepreneurial journey, passions, and challenges of Kanav Vaidya in building Himalayan Gatherer.
The interviewer, Bindu Sharma is Founder and CEO of Origiin IP Solutions LLP, a leading IP and legal services provided firm.
Bindu: Thanks for accepting the invite to participate in this program, “Inspiring Tales with Bindu”.
Bindu: As the world becomes increasingly health-conscious, your business beautifully connects this trend with traditional heritage. What inspired you to start your business in this sector? Readers are eager to learn about your journey.
Kanav: Before incorporating Himalayan Gatherer, I was working in the hydro power sector which gave me an opportunity to travel across Himachal Pradesh, especially the remote areas of the state. I saw people deeply connected with the nature in all aspects, living a very healthy and happy life. It was a rather great learning experience for me to be with them and spend time with nature. The food habits of city dwellers really gave me nightmares; mostly because the available food is mostly loaded with chemicals. Thus, the idea to create Himalayan Gatherer came to my mind and today, we are growing all natural, healthy and pure products.
Crafting handmade products transcends mere culinary production. It embodies the artisan’s dedication to their craft, their reverence for nature’s gifts, and their commitment to creating products that speak of authenticity and quality. The process is a dance between tradition and innovation – a fusion of time-honoured methods and modern sensibilities. It’s a reminder of the beauty that emerges when human hands and nature’s bounty collaborate to create something truly special.
Bindu: Can you tell us more about your e-commerce platform and how you aim to bring recognition to the health benefits of traditional Himalayan products?
Kanav: Absolutely! Our e-commerce platform is designed to showcase the rich diversity of traditional Himalayan products, emphasizing their health benefits and cultural significance. We curate a selection of items ranging from all natural breakfast supplies to superfoods, all sourced from local communities committed to sustainable practices.
Our aim is to educate consumers about the nutritional advantages of these products, such as their antioxidant properties and potential health benefits. We incorporate detailed descriptions, health articles, and recipes to enhance understanding and inspire people to integrate these items into their diets.
Additionally, we work closely with local producers, micro businesses ensuring fair trade practices and supporting the livelihoods of Himalayan communities. By leveraging digital marketing and storytelling, we hope to raise awareness and recognition for these valuable products, creating a bridge between ancient wisdom and modern wellness.
Bindu: What is your approach to working with local communities in the region to source your products? What are the core challenges to procure the right products and maintain the quality of the products.
Kanav: My approach to working with local communities in the region revolves around collaboration and respect. I prioritize building strong relationships with local farmers, producers and micro enterprises, ensuring that they are actively involved in the sourcing process. This not only empowers them but also fosters a sense of ownership and pride in their products.
One of the core challenges in procuring the right products is ensuring consistency in quality. The Himalayan region can have varying climates and conditions, which can affect yield and quality. Thus, we follow a principle of minimal change to the actual product.
Another challenge is the logistics of sourcing, given the remote locations. We work on establishing efficient supply chains that respect both the environment and the local communities.
Overall, our commitment is to create a sustainable model that benefits both the producers and consumers, while preserving the unique heritage of Himalayan products.
Bindu: How do you ensure product quality especially when you claim your products to be natural and non-GMO?
Kanav: Our primary focus is on curating products which are not commercially farmed and to source from regions that are remote and not impacted by commercial farming and hence our products are better than just being organic. For example, in our pickles, the main ingredient, fiddlehead fern, is not farmed, but it grows wild during the rainy season. Similarly, our ghee comes from high altitude region where due to the harsh climatic conditions only the native cow survives. We literally must walk uphill for 2 hours to reach the source village. Also as mentioned earlier we make minimal changes to the natural state of the products, for example, the fiddle head ferns are preserved in apple vinegar which is made in-house.
Bindu: You incorporated your company during Covid time. During your initial days, how difficult or easy was to get business, B2B or B2C? Which marketing and selling strategies work best for you?
Kanav: Our start was slow not just because of the pandemic, but also because we were figuring out a lot. Initially I think we had beginners luck, especially B2B. We started getting B2B orders from multiple cities. Some turned out to be fruitful and a few were scams but it was a good learning experience for us. B2C was really slow, because of the tedious listing processes of multiple e-comm portals, such as Amazon. We had an almost negligible marketing budget to start with, so cold emails for B2B connections, barter influencers, word of mouth, using personal contact – all these helped us in the beginning. Even today, word of mouth is one of the best selling points for us. One customer connects more customers. We are constantly improving our own website, like linking rewards to purchases and/or referrals. Its an ongoing process.
One thing is for sure – whether its digital mediums or your regular brick and mortar stores, “Jo dikhta hai, vo bikta hai” (“What is seen, is sold”).
Bindu: For any business, customer satisfaction is very critical, and I am curious to know what is your Unique Selling Point (USP)?
Kanav: Our Unique Selling Point (USP) lies in our commitment to authenticity. We focus on providing traditional Himalayan health foods that are deeply rooted in the cultural heritage of the region. Our products are carefully curated to highlight the nutritional benefits of Himalayan superfoods, backed by traditional knowledge and modern research. We educate our customers on how these foods can enhance their well-being.
Beyond just selling products, we offer recipes, health tips, and stories about the culture and practices behind our foods, creating a holistic experience that connects customers to the Himalayan lifestyle.
Bindu: What’s one question you wish people would ask you about business, but don’t? What would be your answer?
Kanav: One question I wish people would ask is: “What motivates you to keep pushing through the challenges of entrepreneurship?”
My answer would be that my motivation stems from a deep passion for health and sustainability, as well as a desire to make a positive impact. Each challenge presents an opportunity to learn and grow, not just as a business owner, but also as a member of the community as the hills are my home and I think they have accepted me as their own.
Seeing the benefits our products bring to consumers and knowing that we’re supporting micro enterprises, small farmers and preserving traditional practices keeps me driven.
Sharing the knowledge, learning from the natives and teaching them what we know is a major factor to keep me going.
We were lucky enough to have opportunities to share details about how to run a business with a few young farmers and it gives me a great joy to see that now they are selling their own produce in posh tourist areas and earning a decent living. We have so much to share within this community and doing so gives me a sense of great pride and fulfilment.
Bindu: While running a business, one has to manage a lot of things and keep a stable mind. How do you keep yourself motivated?
Kanav: Oh! Like everyone else there are good and bad days.
Work keeps me motivated, the sense of doing something, a sense of responsibility towards others, communicating, learning and teaching keeps me motivated.
The best part is the beautiful surroundings, clean air, clean water and good company keeps me going. And of course it’s always easy to find some my time here.
Bindu: What was your background before starting this business? Are you happy with what you are doing? Do you have any regrets?
Kanav: Before Himalayan Gatherer, I ran a hydro turbine company for about 12 years, which gave an opportunity to connect with the mountains. Otherwise, I would never have travelled to places where I have been now. Yes, for sure, I am happy. I’ve always been happy with my work whether it was my previous work or Himalayan Gatherer.
The only regret I have is that sometimes the relaxed atmosphere slows you down, but then again no happy moment is wasted time. At this moment, I do not have any regrets. I was not built to live in big cities, though I’ve lived in Bangalore, and travelled extensively across India. These cities are great, but I am not meant to live there. For me Himachal is home by default, but for work it’s the best thing which happened to me. Like we say “Janmabhoomi and Karmbhoomi” – both are here.
Bindu: Who has been your role model and why?
Kanav: Nature, yes nature has been my role model. I’ve never read about or heard about other people’s life like the big guns / top brass of any industry because I believe that it makes a sub conscious impact on ones thinking capabilities.
I like to learn from nature, how life flows and moves. How life brings you to crossroads and how one has to make an individual decision. So yes nature has been my role model, it inspires me, it makes me calm, it moves me and it makes me to do things I could never have imagined.
I remember a dialogue from a movie which said, though in a much better poetic way that; “everyone has to write his/her own story. “
Bindu: At the end I would like to know how did you come up with the business name “Himalayan Gatherer“ and what does your logo represent?
Kanav: Ah!, we were pondering about the name and because we knew that we would be gathering most of our products and that too from a defined region thus it came in simple- “Himalayan Gatherer”. Our logo represents our name – farmers gathering in the Himalayas or gathering the produce.
Bindu: What is one piece of advice you would give to budding entrepreneurs or new businesses?
Kanav: It would be for all, take life easy, make a commitment to yourself, enjoy your work, be happy.
Bindu: Thank for very much Kanav for sharing your Inspiring Tale. I am sure it will inspire a lot of young entrepreneurs.
Kanav: You are most welcome Bindu. It was lovely to have this conversation with you.
To know more about Himalayan Gatherer and order the products, please contact Himalayan Gatherer Team here:
Shop: http://shophg.in/
Email ID: info@himalayangatherer.in
Company name: Himalayan Gatherer Traders and Makers LLP
Linkedin: Kanav Vaidya
Use promo code ITB2024 to avail 10% discount.
Nominate yourself HERE to publish your story.
Please contact us at info@origiin.com to know more about our services (Patent, Trademark, Copyright, Contract, IP Licensing, M&A of companies)
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Jan 10, 2025 | Contracts, General
The indemnity clause is a provision in a contract that outlines one party’s obligation to compensate the other party for certain losses or damages that may arise from specific events or claims. The primary purpose of an indemnity clause is to allocate risk between the parties and provide protection against legal liabilities. Generally, an indemnity clause reads like the following:
The Indemnifying Party agrees to indemnify, defend, and hold harmless the Indemnified Party from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) any breach of this Agreement by the Indemnifying Party, (b) the negligence or willful misconduct of the Indemnifying Party, or (c) any third-party claims resulting from the Indemnifying Party’s actions.
The Indemnity clause is one of the most negotiated clauses of the Agreement. Capping an indemnity clause is one of the ways to dilute the effect of this clause. Capping of this clause involves setting a limit on the amount one party will be obliged to pay to the other in the event of a claim. This can protect parties from potentially unlimited liability. Here are some steps to consider when capping an indemnity clause:
- Define the Indemnity: Clearly specify what types of claims, damages, losses, and expenses are covered by the indemnity clause.
- Set a Monetary Limit: Determine the cap amount. This can be a fixed dollar amount or a percentage of the total contract value. Ensure it’s realistic and reflects the potential exposure.
- Specify the Cap Application: Indicate if the cap applies to all types of indemnity claims or just specific situations (e.g., negligence, breach of contract).
- Include Exclusions: Consider whether certain claims (like willful misconduct or gross negligence) should be excluded from the cap so that they remain unlimited.
- Notice Requirement: Specify the notice period for claims to ensure that both parties are aware of potential indemnity events.
- Review Legal Compliance: Ensure that the cap aligns with applicable laws and does not invalidate the indemnity clause.
- Consult Legal Counsel: It’s advisable to have legal professionals review the clause to ensure it’s enforceable and serves the intended purpose effectively.
By following these steps, you can create a balanced indemnity clause that provides protection while clearly outlining the limitations of liability.
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Jan 6, 2025 | IPR & Business, Patent
At the time of Merger and Acquisition (M&A) of a company there are manifold considerations that need to be looked at. One such consideration, an important one, is the Intellectual Property (IP) of the company, especially in the form of patents. The due diligence of the patent portfolio plays a crucial role in not only understanding and evaluating the market value of the portfolio, but also to keep in mind the liabilities that may accrue to maintain such patents in various jurisdictions. Due diligence of the portfolio also ensures that all patents including family patents are docketed, screened, valuated, and transferred in an effective manner and to finally evaluate the value, market potential and liabilities of the acquiring patent portfolio. While it is important that due diligence of other IP forms such as trademarks, designs and copyrights are also performed, this article will primarily focus on the patent portfolio of the company.
IP Audits
To initiate due diligence of a patent portfolio, the first and foremost step is conducting an IP Audit wherein all granted patents and filed applications (collectively termed as patent documents) should be listed and compiled, followed by checking the legal status of the patent documents in every country they are filed or granted. In the case of patent applications, it is necessary to check if there are any pending actions against them in terms of responding to any office action or payment of any pending fees.
In case of granted patent applications, it is important to perform legal status checks of those patents. If the patent is expiring soon, it may not be of much value to the company. For granted patents, a check must be performed to see if any action is needed to maintain such patents.
Registered IP should be docketed to keep a watch on important official timelines such as responding to official communication or payment of renewal to maintain it. As part of docketing, it is worthwhile to note down the term of the IP which remains. For instance, if there remain only a few months for a patent to expire, it may not be best decision to transfer the patent to the buyer as transferring a patent requires amendments in its forms which may neither be advantageous to the buyer nor the seller.
Additionally, gathering information related to apposition, revocation, litigation or infringement of the patents of the company is also crucial.
Relevance of Patents for the Business
The patent portfolio that is to be acquired may contain certain patents may be irrelevant to the buyer’s business. In such cases, there may be not much use in transferring such patents the buyers’ company. Instead, alternatives such as out-licensing the IP may be explored, or, if the IP is not strong enough to be registered, it may be published as a research paper as well. Sometimes, companies also consider donating some of their IP or abandoning it or letting it expire, depending on the relevance and importance of such IP for the business.
Categorization of Similar Patents
In order to determine the valuation of patents, similar patents may be categorized together, and appropriate methodologies should be used to ascertain their collective value. Depending upon the value of patent portfolio, the decision to retain or license may be taken.
Transfer of Rights
Acquisition of a patent portfolio is complete only after the amendment is made in the name of the patentee and is done in the respective patent office. Therefore, it is pertinent to get in touch with the attorney who is in charge of the case to ensure that such amendments are made in time. This process also involves payment of certain sums as government and attorney fees.
Understanding Liability
The buyers must be aware of the fact that acquiring IP of another company brings a lot of liabilities with it. In order to get the IP transferred in the name of the buyers, at the time of acquisition, a lot of amendments are to be made in the official records in the office where such IP is registered. Most times buyers prefer in a change in the attorney handling such cases as well, which may lead to additional expenditure for them. Even after the IP is acquired and the required amendments are made in the official records, other liabilities such as annual fees to maintain the IP also have to be assessed regularly. Further, if any of the IPs are undergoing litigation or are opposed, due-diligence must be performed to ascertain the stage and the further course of action.
It is therefore evident that conducting exhaustive due diligence of patent portfolios is extremely important to understand the relevance, importance, value and liabilities before acquiring them.
Author: Bindu Sharma (CEO, Origiin IP Solutions LLP), Bhavya Sharma (BBA, LLB student of Jindal Global Law School)
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