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
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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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Dec 30, 2024 | General
As the data protection landscape evolves, compliance with the Indian Data Protection and Digital Privacy (DPDP) Act becomes increasingly important. This is not only a legal requirement, but also builds trust between data fiduciaries (entities that collect, store and process data) and data principles (individuals/users/customers). This article outlines the key steps data controllers should take to ensure compliance and effectively protect personal data, as well as the importance of written agreements with data processors.
Outline of steps to ensure compliance
- Appoint a data protection officer and an independent data controller
The DPDP Law requires major data fiduciaries to appoint a data protection officer (DPO) and an independent data auditor and all data fiduciaries should consider adopting this practice: The DPO is the main point of contact for data protection matters and ensures compliance with legal obligations, while the auditor is responsible for data practices
- Assess Existing Data Collection, Storage, Processing and Deletion mechanisms
Every step of the process is regulated by the new Act, from collection up until deletion. It is important to first assess the current mechanisms and systems for how the data is collected, the data protection protocols, the persons who can access and process such data, and the tools for automatic deletion of the data once the purpose has been fulfilled or when the data principle no longer consents to the processing of their data. Comprehensively assess the current data lifecycle, including collection, storage, processing and deletion mechanisms. Involving legal experts can help identify compliance gaps and recommend improvements accordingly.
- Improve data protection measures
Based on the assessment, implement robust security measures such as encryption, access control and intrusion detection systems to protect data from unauthorized access.
- Publish notices on the use of data
Transparency is a core principle of the DPDP Act. Data Fiduciaries must publish clear notices detailing how personal data will be used. These notices must be available in English and in India’s 22 official languages so that all data principles can understand their rights and data use.
It is important to obtain informed consent from Data Principles. Develop user-friendly mechanisms that enable individuals to understand and control how their data is processed. Legal counsel can help ensure compliance with the law and best practices.
- Implement automated data deletion protocols.
Establish automatic data deletion protocols to ensure that personal data is not retained longer than necessary for fulfilling the purposes that the Data Principle was informed of, or if the Data Principle withdraws their consent.
- Create a grievance portal
Implement a dedicated platform to handle complaints and requests from Data Principles. This system will allow individuals to easily contact the DPO and submit their requests.
- Conduct regular data protection impact assessments
Regularly conduct Data Protection Impact Assessments (DPIAs) to assess the impact of data processing on the rights of Data Principles. These assessments should outline the rights of individuals, the purpose of the data processing and the risk management strategy. Legal support is essential to conduct a comprehensive DPIA that meets regulators’ expectations.
Continuous compliance requires regular audits of data practices. Engage legal experts to conduct such audits and provide practical insights for improvement. This practice not only strengthens compliance, but also increases the trust of Data Principles.
The Importance Of Drafting Robust Contracts With Data Processors
The relationship between data controllers and processors is crucial to ensure compliance with the DPDP Law. The drafting of a well-crafted contract is essential to protect the interests of the Data Principle and to clearly set out the obligations of the processors. The key aspects of such agreements are as follows:
- Definition Of Data Processing Activities: The contract must clearly define the data processing activities to be performed by the processor and set out the relevant services and performance standards.
- Access to records: Data controllers must have access to all records and information relating to processing activities kept by the processor to ensure transparency and accountability.
- Ongoing monitoring and evaluation: The contract must allow for ongoing monitoring and evaluation by the controller and prompt corrective measures if necessary.
- Data privacy and liability: contracts should include clauses that protect the confidentiality of customer data and hold data processors accountable for security breaches and data breaches.
- Business continuity planning: It is essential to implement contingency plans to ensure business continuity in the event of a processing interruption.
- Subcontractor approval: prior approval must be obtained for the use of subcontractors for processing activities to ensure compliance standards are met.
- Right to audit: data fiduciaries must reserve the right to audit the work of data processors and receive relevant audit reports.
- Government access and compliance: The contract must allow access to the data fiduciary’s records by government or regulatory authorities and require compliance with any instructions from the competent authority.
- Right To Audit: The data controller must reserve the right to audit the data processor’s IT and cybersecurity systems to assess security measures.
- Post-contract confidentiality obligations: specify that personal data must remain confidential after the contract ends.
- Record-keeping obligations: processors must fulfil their record-keeping obligations in accordance with legal requirements.
A well-drafted data protection agreement (DPA) should outline certain obligations of the data processor, such as
- Acts only according to the written instructions of the data fiduciary.
- Ensure confidentiality and security throughout the data processing lifecycle.
- Employ sub-processors only with the prior approval of the data fiduciary under a written contract.
- Delete or return all personal data at the end of the contract.
- Allow the data fiduciary to conduct audits and provide necessary information upon request.
- Immediately notify the data fiduciary of any problems arising during data processing.
- Help comply with requests from Data Principles and data protection impact assessments.
Compliance with the DPDP Law requires commitment from data fiduciaries at all levels. By following these steps and leveraging legal expertise, data fiduciaries can build a robust framework for data protection. This proactive approach not only reduces legal risks, but also increases the trust of Data Principles and ultimately contributes to a safer digital ecosystem. Investing time and resources in both compliance measures and well-crafted contracts is crucial to creating a responsible data processing environment.
Author: Sumedha Vadhulas
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Dec 16, 2024 | General
A “Jurisdiction Clause“, also known as a “Choice of Law” or “Forum Selection Clause”, is a crucial provision often included in commercial contracts. It establishes the jurisdiction or court that will have the authority to resolve any disputes that may arise between the parties involved in the contract. For startups that create value based on the IP they own, choosing a the right jurisdiction can mean the difference between being able to successfully prove their claim over their IP, and lax protection measures to protect the very same IP.
Understanding Jurisdiction
Jurisdiction can be defined as the limit of a judicial authority or the extent to which a court of law can exercise its authority over suits, cases, appeals etc. The rationale behind introducing the concept of jurisdiction in law is that a court should be able to try and adjudicate only in those matters with which it has some connection or which fall within the geographical or political or pecuniary limits of its authority.
There are three basic types of jurisdictions:
- Territorial Jurisdiction: Territorial jurisdiction concerns whether the cause of action arose within the sovereign boundaries of the State or has a close enough nexus with the State to justify the State deciding on such suit.
- Personal Jurisdiction: Personal jurisdiction concerns jurisdiction over the defendant. For the court to obtain personal jurisdiction, the defendant must be physically present in State.
- Subject Matter Jurisdiction: Subject matter jurisdiction concerns the court’s authority to hear the type of case or matter in question.
Factors to Consider When Selecting a Jurisdiction
Legal Framework and Business Environment
- Stability of laws: Choosing a jurisdiction where there are changes occurring the IP legal landscape can be very risky, as certain IP rights can be affected even retroactively (i.e., the contract was entered into prior to the enactment of the new law, but the new legislation can still be applied).
- Support for IP protection: Different countries have varying levels of support for IP protection. This can be determined based on the proportional amounts of government funding invested in R&D in sectors such as technology, consumer goods, etc. This can also be assessed based on the tax incentives provided for IP and IP transactions. Licensing and Transactions are taxable at different rates across the world, and choosing a favourable tax environment could also aide in the growth of a startup.
- Regulatory environment: The most important factor to consider is the regulatory environment of a country within the jurisdiction of which a contract has been entered into. Certain countries such as the US are known for the robust IP Protection policies as well as the courts’ stance on the importance and protection of IP, which is evidences by the plethora of case laws supporting the same.
Enforcement of Contracts
- Ease of enforcing contracts in the jurisdiction: While a contract is by definition enforceable, the ease of enforcing such contract varies by jurisdiction depending on the time required to enforce it by the court, the cost for such suit, and a history of quality judgements delivered in such jurisdiction under similar circumstances. The Ease of Doing Business data factor of Enforcing Contracts can be a valuable resource to determine the same, in which Singapore, South Korea, Norway, Kazakhstan and China claim the top 5 ranks.
- Historical context of dispute resolution: Looking into a country’s past judgements delivered on the subject matter of the contract can also help when deciding jurisdiction. For example, if a country is likely to be more supportive of licensors over licensees, or has a history of investing heavily into startups, it can prove favourable in the event that the contracts require legal enforcement.
- Accessibility to Legal Resources: An important factor to consider is the accessibility and availability of legal resources such as attorneys who are familiar with the law of the jurisdiction in which the contract is entered into. The quality of the courts and the arbitration centres should also play an important role in making this decision, as the court system can determine factors such as appealability of the decision, the type of bench that typically hears such disputes, etc.
Cross-Border Considerations
Through the inclusion of a jurisdiction provision in an international commercial contract, Indian law recognises the parties’ right to jointly select a forum (an Indian or foreign court) the enforcement of the contract.
A foreign judgement or decree must meet the conclusiveness test in order to be enforceable in India; that is, it must be conclusive and not subject to any of the following restrictions or exceptions:
- not issued by a court with the necessary authority.
- not awarded based on the case’s merits.
- based on a misunderstanding of international law or, if relevant, a refusal to comply with Indian law.
- during the procedures, the Natural Justice principles were not adhered to.
- obtained by fraud and/or deception.
- sustained a claim based on a violation of any Indian law.
- Execution of foreign decree of a reciprocating territory as an Indian decree in India:
A foreign decree issued by a court in a reciprocating territory may be executed as an Indian decree by an Indian district court following the prescribed procedure if a party seeking execution files an execution application with the certified copy of the decree and a certificate attesting to the degree of satisfaction or adjustment of the sum decreed in the district court. To put it another way, the district court will execute the foreign judgement or decree without considering its conclusiveness and without considering the case’s merits. This allows for direct execution, which streamlines and expedites the procedure.
However, for this to apply, the said foreign decree should have been passed by any of the superior courts of any “reciprocating territory ” i.e. any country/territory outside India which is notified to be so by the Central Government in the Official Gazette .
Choosing Between Exclusive and Non-Exclusive Jurisdiction
- Advantages of exclusive jurisdiction: Exclusive jurisdiction provisions restrict disagreements to a single jurisdiction’s courts. You know where you may sue and be sued thanks to an exclusive jurisdiction agreement. Additionally, they provide more protection since, in the event that an exclusive jurisdiction provision is encountered, it is less probable that another court will accept jurisdiction.
- When to consider non-exclusive jurisdiction: In theory, choosing non-exclusive jurisdiction will allow disputes to be heard in the courts of a certain jurisdiction, but it won’t affect either party’s ability to take the matter to the courts of another country if necessary. These provisions provide you with the assurance that conflicts can be heard in a certain jurisdiction that you find desirable, but that jurisdiction elsewhere is accessible if needed. Nevertheless, there remains a chance of parallel processes even though they provide more freedom. However, although they offer greater flexibility there is the risk of parallel proceedings.
In conclusion, it is impossible to exaggerate the importance of jurisdiction in contracts, particularly for startups that rely significantly on their intellectual property. A clear jurisdiction provision acts as a buffer, guaranteeing that disagreements are settled in a way that upholds legal rights and fosters corporate stability. By carefully weighing elements including regulatory environments, legal frameworks, and the ease of contract enforcement, parties can choose locations that suit their risk profiles and interests. Choosing between exclusive and non-exclusive jurisdiction may have a big influence on a startup’s capacity to safeguard its ideas and successfully handle any issues that may arise. Understanding and taking advantage of jurisdictional intricacies is crucial for promoting development and protecting important assets as organisations increasingly conduct cross-border transactions.
Author: Sumedha Vadhulas
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