David Aylen

David Aylen is an intellectual property lawyer with deep-rooted international experience.

Following several years of practice in Canada, David served as the managing partner of Gowling WLG's Russian and CIS business from 2009 until its closure in 2022. Under his leadership, the team brought a Western-style approach to legal issues and was consistently ranked as a top-tier IP practice.

David returned to Canada in 2022 to continue his IP practice and support the growth of Gowling WLG's IP capabilities around the world.

Repeatedly recognized as a leading IP lawyer by IAM Patent 1000, Managing Intellectual Property, World Intellectual Property Review, World Trademark Review and Best Lawyers, David has achieved a long list of notable successes for his clients. These include:

  • Serving as lead litigator, successfully representing Uponor, a global manufacturer of plumbing, heating and cooling equipment, in a key patent infringement case in Calgary, Alberta.
  • Successfully acting for Jaguar in a 3D trademark appeal case with far-reaching implications for the automobile industry as a whole.
  • Blocking a third party from securing an international trademark registration in the Ukraine, successfully preventing the client's competitor from marketing an automotive product that was ruled a counterfeit or grey market good.
  • Securing the right to register a brand design for Pernod Ricard, one of the world's largest manufacturers of sparkling wine. Successfully arguing an appeal to the Russian patent office, facilitating protection of the client's design in an important win for brand ownership and a rare victory against Rospatent, Russia's intellectual property office.
  • Spearheading a strategy for a massive legal campaign on behalf of one of the world's largest multi-business companies after a competing firm applied to use a similar corporate name. Leading a highly successful strategic planning effort that covered 16 different countries, leading to a successful result and settling the case in multiple international jurisdictions.
  • Advising a renowned energy drink producer on a potential trademark conflict in Russia connected with a new product to be launched by a competing organization. Successfully obtaining trademark status for the firm's brand design.
  • Leading a successful action in Canada at the Federal Court of Appeal level for his client Dimplex, serving as counsel on a patent matter on electric fireplace technology.
  • Serving as co-counsel in the well-known "patent diaper wars" between Kimberly-Clark and Procter & Gamble.
  • 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 patents for 800 and calling card services.
  • Acting as Canadian co-counsel concerning proprietary float glass technology and multi-jurisdictional trade secret law (Pilkington PLC v. PPG Industries Inc. arbitration).

David is certified as an IP specialist (trademarks, patents and copyright) by the Law Society of Ontario.

Associations professionnelles

  • American Intellectual Property Law Association
  • Intellectual Property Institute of Canada (IPIC)
  • International Trademark Association (INTA)
  • Ontario Advocates' Society Canadian Bar Association

Actualités et ressources

Webinaire sur demande
10 décembre 2020 Lifecycle of a smart idea | The genuine article: Developing a global anti-counterfeiting program for the first time FJC/FPC :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)