David Aylen

David Aylen is a highly accomplished intellectual property lawyer, recognised for his extensive international experience. With over three decades of practice in Canada, David holds certifications as a specialist in patents, trademarks, and copyright, making him a highly sought-after expert in his field.

David has been recognised as a Luminary in the WTR 1000 for 2023, an acknowledgment of his exceptional skills and successful client representation across the United States, Europe and Canada. His expertise lies in crafting and implementing robust IP strategies, managing IP assets, and providing strategic IP consulting to corporations and law firms globally.

Having served as the resident managing partner of Gowling WLG's Eurasian business for over a decade, David led his team in consistently achieving top-tier IP practice rankings. Under his guidance, the team introduced a Western-style approach to legal issues, delivering exemplary results.

David is currently based in Dubai, working closely with the Gowling WLG IP teams in the UAE and Saudi Arabia. His impressive track record and career have earned him recognition as a leading IP lawyer by reputable publications such as IAM Patent 1000, Managing Intellectual Property, World Intellectual Property Review, World Trademark Review, and Best Lawyers.

Throughout his career, David has achieved numerous notable successes for his diverse clientele. Noteworthy accomplishments include:

  • Patents: serving as lead litigator, successfully representing Uponor, a global manufacturer of hydronic systems.
  • 3D trademarks: acting for a leading auto manufacturer on a 3D trademark appeal case with far-reaching implications for the automobile industry as a whole.
  • Lookalikes: successfully enjoining a chain of coffee stores using brand ONE BUCKS
  • Well known status: obtaining trademark status for a famous energy drink
  • Patent infringement: leading a successful action in Canada at the Federal Court of Appeal level for his client Dimplex, in connection with an electro-mechanical invention.
  • Field of use patent strategy: serving as co-counsel for more than six years in the well-known "patent diaper wars" between Kimberly-Clark and Procter & Gamble.
  • Cross border patent infringement: acting as co-counsel in the "telecommunications wars" in Canada and the United States between AT&T, MCI and others on the subject of the pioneer software-based patents for 800 and calling card services.
  • Multi-jurisdictional arbitration: acting as Canadian co-counsel concerning proprietary float glass technology and multi-jurisdictional trade secret law (Pilkington PLC v. PPG Industries Inc. arbitration).

David Aylen's exceptional legal expertise, combined with his deep understanding of intellectual property law, positions him as a trusted advisor to clients worldwide, delivering tailored solutions to safeguard their valuable intellectual property.

Career & Recognition

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  • American Intellectual Property Law Association
  • Intellectual Property Institute of Canada (IPIC)
  • International Trademark Association (INTA)
  • Ontario Advocates' Society Canadian Bar Association
On-demand webinar
10 December 2020 Lifecycle of a smart idea | The genuine article: Developing a global anti-counterfeiting program for the first time CLE/CPD:1 hour of CPD credits with the LSO and LSBC, and may be eligible for up to 1 hour of CPD/CLE credits in other jurisdictions.

David is a frequent writer and speaker on changes to the IP landscape in Russia. His notable publications include a review on 2014 amendments to Russian trademark law, and an in-depth discussion of the new Russian IP Court, established in 2013. He also co-authored a feature for Trademark World entitled "Now that's hot - Paris Hilton Entertainment Inc."

David gives an annual review of the law of assignment and licensing in copyright at McGill University/the Intellectual Property Institute of Canada's intensive copyright course. He has also presented papers on "Understanding monetization of patents," "The branding of celebrities" and "The changing landscape for Canadian patents," to name a few.

Additional published works:

  • The evolution of the laws on parallel importation in Russia (November 2018)
  • Patent Law in Russia: Along the Path of Continual Improvement, Who's Who Legal (November 2014)
  • Upcoming changes to Russian trademark law: A detailed review of the amendments of chapter 76 of "Trademark and service mark law" (September 2014)
  • Global Patent Litigation: How and Where to Win, Bloomberg BNA (May 2014)
  • Analysis of the IP legal market in Russia (May 2010)
  • Dos and Don'ts for choosing and using trademarks in Canada (February 2006)
  • Harnessing the power of intellectual property (January 30, 2003)