Dhairya Shah & Associates - Intellectual Property Attorneys

🌎 Celebrating International Day for Biological Diversity! 🌿 At Dhairya Shah & Associates (DSA), we recognize the intrinsic value of biological diversity and its critical role in sustaining life on Earth. Today, as we honor this special day, we also reflect on the importance of intellectual property (IP) law, particularly patents, in protecting and promoting biodiversity. 📜 *Real-World Example: The Neem Dispute* *Background:* - *Neem Tree (Azadirachta indica):* Native to the Indian subcontinent, now found in over 50 tropical countries. - *Historical Use:* Documented in Indian texts over 2000 years ago. Used in agriculture as an insect repellent, medicine, cosmetics, and more. - *Scientific Research:* Since the 1920s, extensive research has confirmed neem's diverse properties, leading to numerous international patents from the 1980s onward. *The Patent Case:* - *Patent Filed:* W.R. Grace and the USDA filed for a patent in the European Patent Office (EPO) for a neem oil-based fungicide. - *Opposition:* Indian organizations, led by the Research Foundation for Science, Technology and Ecology (RFSTE), with international support, opposed the patent, citing traditional knowledge and prior use. - *Legal Battle:* The EPO revoked the patent in 2000, citing lack of novelty and inventive step. The decision was appealed, but in 2005, the appeal was dismissed, affirming the revocation. *Significance:* - *Cultural Impact:* The neem tree holds cultural and medicinal importance in India, known as “sarva-roga nivarini” (cure for all ailments). - *Traditional Knowledge Protection:* The case highlighted the need to protect traditional knowledge. India responded by establishing the Traditional Knowledge Digital Library (TKDL) to prevent misappropriation. *Conclusion:* - *Economic and Ethical Issues:* The dispute underscores the tensions between multinational companies and developing countries over intellectual property rights. It reflects the broader debate on patenting life forms and the equitable sharing of benefits from biodiversity. *Implications:* - *IP Law and Biodiversity:* The case emphasizes the need for fair patent practices that respect traditional knowledge and promote sustainable use of biological resources. - *International Cooperation:* Developing countries and the international community must work together to ensure that intellectual property laws do not disadvantage indigenous knowledge holders. At Dhairya Shah & Associates, we are committed to helping clients navigate the complexities of IP law to safeguard their innovations while promoting sustainable practices that protect our natural world. Let's work together to foster a future where innovation and conservation go hand in hand. Happy International Day for Biological Diversity! 🌱 #Biodiversity #IntellectualProperty #Patents #Sustainability #Innovation #DhairyaShahAssociates

🚀 Exciting News from Dhairya Shah & Associates (DSA)! 🚀 We are thrilled to announce that our firm is fully embracing the future by transforming into a cutting-edge, technology-driven law firm. Our commitment to innovation and excellence is reflected in several key initiatives: 🔹 Advanced Software Solutions: We have implemented high-tech software to manage our data, track deadlines, and streamline administrative tasks. This ensures timely delivery of work and minimizes the risk of missed deadlines. 🔹 Hybrid Work Model: To promote a healthy work-life balance, we have adopted a hybrid work model. Our team will work from home two days a week, fostering flexibility and well-being. 🔹 Paperless Office: In our pursuit of sustainability, we are significantly reducing paper usage. Our task management system is fully digital, helping us deliver efficient and eco-friendly services. 🔹 Robust IT Infrastructure: As an IP firm, safeguarding our clients' rights is paramount. We have invested heavily in IT infrastructure and adopted all relevant IT security measures to ensure the highest level of protection for our clients' information. At Dhairya Shah & Associates (DSA), we believe that integrating technology is key to providing top-notch legal services. Our dedication to innovation not only enhances our efficiency but also strengthens our commitment to our clients. Stay tuned for more updates as we continue to lead the way in legal technology! #LegalTech #Innovation #HybridWork #Paperless #IPFirm #ClientFirst #TechDriven #FutureOfLaw #Trademark #Patent

Thrilled to share a recent success story! We successfully mediated a matter for a client, resolving it amicably. Their thoughtful gesture of sending chocolates speaks volumes about our commitment to delivering top-notch service. Thank you for trusting us! #IntellectualProperty #Mediation #LegalServices #ClientSatisfaction #DisputeResolution #ClientSuccess #LegalIndustry #IPRights #ProfessionalServices #ClientRelations #trademarks #copyrights

The Gazette of India recently published the Patent (Amendment) Rules for 2024, introducing significant alterations to the Indian patent framework. Upon initial review, some noteworthy amendments have been identified: 1. The deadline for submitting statements regarding foreign applications is now set at 3 months from the date of objections, a reduction from the previous 6-month timeframe from the application filing date. 2. The period for filing request for examination has been shortened from 48 months to 31 months. 3. Response time to a notice of pre-grant opposition has been reduced from 3 months to 2 months. 4. The Examination Board now has 2 months, down from 3 months, to review and present its report on post-grant opposition. 5. Notably, the Amended Rules also incorporate a provision allowing for the condonation of delays up to 6 months for any necessary filings stipulated under the Rules. 6. The Amended Rules have introduced a provision for issuing a Certificate Of Inventorship upon the inventor's request. 7. The obligation to inform the Controller about corresponding foreign applications is limited to situations where a statement of objection is issued under Rule 24B or 24C. The Controller now has the authority to acquire details on the processing of such applications from alternative databases or may issue a directive to the applicant to provide this information within a two-month period. 8. A new evaluation process for pre-grant oppositions has been established. The Controller now must ascertain the presence of a prima facie case put forth by the pre-grant Opponent. In instances where the Controller's satisfaction is not achieved, the opponent is granted the opportunity to request a hearing. Following the hearing, the Controller can issue a detailed order either accepting or dismissing the opposition. Additionally, the Amended Rules specify fees of INR 4000 and INR 20000 for individuals and companies, respectively, to lodge a pre-grant opposition under Section 25(1). 9. It is now mandatory that a patentee or licensee must provide a working statement once every three years. Furthermore, the updated regulations eliminate the requirement to disclose information concerning the revenue or value generated by the patentee or licensee during the specific financial year. Changes in Divisional Applications: 10. Clarifications in the Amended Rules outline that a divisional application can be submitted with respect to an invention disclosed in either a complete or provisional specification of a previously filed application, as well as in a further divisional application.

Shooting of the upcoming season 3 of our favourite #Sharktank India has started! We hope the participants and inventors in Shark Tank India have applied for Patent registration to safeguard their #IP. Vineeta Singh Anupam MittalAman Gupta Peyush Bansal Ritesh Agarwal Barbara Corcoran Robert Herjavec Daymond John Ashton Kutcher Mark Cuban Chris Sacca Kevin O'Leary @Lori Greiner #sharktank #patents #trademarks #copyrights #ipr #dhairyashahassociates #dsa

With the on-going 𝐇𝐮𝐦𝐚𝐧𝐬 𝐨𝐟 𝐁𝐨𝐦𝐛𝐚𝐲 𝐯/𝐬 𝐏𝐞𝐨𝐩𝐥𝐞 𝐨𝐟 𝐈𝐧𝐝𝐢𝐚 copyright issue, here is a quick preview on how to get copyright registration for your creative endeavors. For more information, visit- “𝒉𝒕𝒕𝒑𝒔://𝒘𝒘𝒘.𝒅𝒉𝒂𝒊𝒓𝒚𝒂𝒔𝒉𝒂𝒉𝒂𝒔𝒔𝒐𝒄𝒊𝒂𝒕𝒆𝒔.𝒄𝒐𝒎/𝒔𝒆𝒓𝒗𝒊𝒄𝒆/" #copyright #dsa #dhairyashahassociates #intellectualproperty #HumansOfBombayCopyright #PeopleofIndia #HumansOfNewYork

𝑷𝒐𝒍𝒍 𝑨𝒏𝒔𝒘𝒆𝒓:  𝐖𝐡𝐚𝐭 𝐬𝐡𝐨𝐮𝐥𝐝 𝐚 𝐬𝐭𝐚𝐫𝐭𝐮𝐩 𝐩𝐫𝐨𝐭𝐞𝐜𝐭 𝐟𝐢𝐫𝐬𝐭 𝐢𝐧 𝐭𝐞𝐫𝐦𝐬 𝐨𝐟 𝐢𝐧𝐭𝐞𝐥𝐥𝐞𝐜𝐭𝐮𝐚𝐥 𝐩𝐫𝐨𝐩𝐞𝐫𝐭𝐲? The most important #intellectualproperty for a #startup to protect first is its 𝐛𝐫𝐚𝐧𝐝 𝐧𝐚𝐦𝐞 𝐚𝐧𝐝 𝐥𝐨𝐠𝐨. A strong brand identity can help a startup to stand out from the competition, attract customers, and build trust. Once a startup has established its brand, it can then begin to focus on protecting other intellectual property assets, such as: 𝑷𝒓𝒐𝒅𝒖𝒄𝒕 𝒅𝒆𝒔𝒊𝒈𝒏𝒔: This includes Industrial designs. 𝑻𝒓𝒂𝒅𝒆 𝒔𝒆𝒄𝒓𝒆𝒕𝒔: This may include customer lists, manufacturing processes, and business plans. 𝑺𝒐𝒇𝒕𝒘𝒂𝒓𝒆 𝒄𝒐𝒅𝒆: This may be protected by copyrights and patents. It is important to note that the best IP protection strategy for a startup will vary depending on its industry and specific business model. Regardless of which IP assets a startup decides to protect, it is important to have a clear IP strategy in place. This strategy should outline the startup's goals for IP protection and identify the specific IP assets that are most valuable to the business. Reach us on https://lnkd.in/d5Ktv5bc for more information. #DSALegalfirm #dsa #dsaip #dhairyashahassociates #ipprotection #iprrights

Choose an option that resonates with your experience and feel free to share your insights in the comment section. #Trademarks #BrandFilings #TrademarkRegistration #dsaip #dhairyashahassociates #DSALegalfirm #intellectualproperty #businesses

Micchami Dukkadam! May #Samvatsari bring us all forgiveness, peace, and happiness.