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Monday, August 19, 2013

Loss of an IP Leader: RIP Prof Daruwalla

Posted on 9:00 PM by Unknown
Most in the Indian IP firmament may have heard of the doleful demise of one of our IP leaders, Mr. Tehemtan Nasserwanji Daruwalla. He was an establishment unto himself and left an enduring legacy to the IP world and an indelible impression on anyone fortunate enough to have met him. 

When I first chanced upon him and he rallied forth on a recent IP development, interspersing IP nuances with delightful nuggets from Shakespeare, I thought to myself: Wow! What an astounding teacher! He exuded deep humility, great compassion, a profound love for the subject and most of all, a wonderful wit that made him such fun to be around.

Freddy Daruwala (who began his IP career under Prof Daruwalla) has a moving piece commemorating his legacy in Bar and Bench and Legally India. 

Manoj Menda, a leading IP practitioner from Mumbai had the great privilege of being taught by Professor Daruwalla (at GLC Mumbai) and also being mentored by him when he was started out his IP career. I requested Manoj to pen down a few words to commemorate this wonderful teacher, practitioner and IP thought leader. Before I give you Manoj's heartwarming piece, let me offer you some historical tidbits that help appreciate the efforts of pioneers like Prof Daruwala who dauntlessly ventured into a then unknown terrain called "intellectual property". My special thanks to Manoj Menda for sharing this via email:
"In those days there were two firms which did IP matters in Mumbai. Delhi had two lawyers, and Calcutta had a couple too. In Delhi, the lawyers were Mr. Anoop Singh and Mr. Naval Kishore Anand whom you know and have worked with.


Mr. Daruwalla and Mr. Naval Anand were very good friends. They both had the privilege of working with K. S. Shavaksha ( First Registrar of Trade Marks lawyer and author)." 


Over to Manoj and his touching tribute to an IP pioneer, who lived life to the fullest and on his own terms.

A MENTORING EDIFICE

“Speak slowly, Speak clearly………..” These words were often uttered by Mr. Tehemtan Nasserwanji Daruwalla (fondly called TND by his chamber). Born on 2nd February 1934 in Lahore, he was one of the four sons of an English School Teacher Mr. Nasserwanji Daruwalla. Along with his brothers he was initiated into English Literatur (ne, Drama, and Elocution. He married his “Jaan”, Ms. Bharucha, who was also a qualified lawyer and came to be known as Mrs. Aloo T. Daruwalla, his partner in real life and also in his firm.

His love for Cricket endured throughout his life. He continued to be the opening batsman for every team he played. Mr. Daruwalla completed his education with an L.L.B. graduation from the Government Law College, Mumbai. He went on to become a Solicitor in 1960 and opted to practice the then lesser known field of Trade Mark and Patent Law, a path that was less trodden, but one where he a has left a very big mark.  

He had appeared and pleaded in most of the important IP matters. He also was also involved in giving his inputs and comments for various IP legislations that were enacted by our country. 

In 1976 he began teaching the L.L.M. course for Intellectual Property at the Mumbai University. He also taught Law at the Government Law College from 1979 to 1992, where he mostly taught Drafting and Pleading amongst other subjects. He was no ordinary professor, students from all over always flocked to his class to learn and benefit from his teaching. As a teacher and mentor he had phenomenal wisdom and experience, which he always shared with his students and young lawyers. He gave them sound guidance, direction and advice. He was a good friend during their difficult and struggling times.

In 1974 Mr. Daruwalla became a partner in the law firm Jehangir Gulabbhai & Bilimoria, later known as Jehangir Gulabbhai & Bilimoria & Daruwalla (JGBD). His chamber was a mix of the stalwarts, some who have weathered decades with him and some who came for short internships, stints, articles for solicitors and those that left to pursue their own careers in IP. His heart always broke every time a good lawyer or assistant left but he was always there for them, ready to offer words of wisdom and sound advice.

Mr. Daruwalla handled thousands of IP law related cases spanning a period of over more than half a century. He practiced as a qualified Advocate, Solicitor, Registered Patent and Trade Mark Agent specializing in all types of IP laws. Prominent companies and individuals turned to Mr. Daruwalla for their IP matters in India. His drafting skills in IP remain unmatched. His arguments in court were very articulate and persuasive, always tinged with some humour and wit, always citing relevant case laws, all of which he knew by heart.

He was an avid reader who also read and spoke Hindi, Punjabi, Gujarati and Urdu. He was well versed about Spiritual Philosophy of Zarathushtra & Zoroastrianism and also about Omar Khayam and his famous Rubaiyatand did discuss the essence of these works, meaning and philosophy with his juniors.

Mr. Daruwalla was invited to address several international IP forums in various countries such as Australia, Italy, Sweden and China amongst others. He was the name from India that all International IP lawyers had heard of or seen or had met. He was one of the Co-Founders of the AIPPI Indian Group who later also became the President of the AIPPI INDIAN GROUP. So consuming was his passion for IP Law, that in 1999, along with a dedicated band of IP Practitioners he formed Intellectual Property Law Practitioners Association (IPLPA) a national body for IP lawyers and practitioners in India. He was the founder President and the present Chairman of this organisation.

In 2005, he received the Life Achievement award given jointly by AIPPI INDIAN GROUP and IPLPA. He was one of the strongest supporters for organizing and managing the International AIPPI Exco and Forum in Hyderabad in October, 2011.

He was currently the Honorary Solicitor for the Parsee General Hospital and a Trustee for Zoroastrian Building Fund. 

In all completeness, Mr. Daruwalla lived life on his own terms. He never professed to be a saint or an angel; he worked very hard, lived and enjoyed his life. He often hummed a jolly tune whilst working. He lent his voice to the Choir as a tenor. He played the guitar and often remembered his old departed friends with whom he shared good times professionally or otherwise. He and his wife frequented N.C.P.A. to watch the Operas, Orchestras and Ballets being performed there. He had a great love for good whiskey, and remained true to his name." 
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