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Aiyaz Alibhai

Partner | Vancouver

604.643.1233

Portrait of Aiyaz Alibhai

Overview

Aiyaz Alibhai is an intellectual property lawyer, specialising in intellectual property protection, licensing and enforcement, technology transactions, privacy and data protection. His work encompasses structuring and negotiating contracts for complex technology projects, IT agreements, intellectual property and technology licensing, collaboration agreements, R&D agreements, and e-commerce law issues. He is Leader, Intellectual Property at Miller Thomson.

His expertise in litigation matters encompasses intellectual property litigation, unfair competition and trademark passing off litigation, brand protection, domain name disputes, trade mark oppositions, obtaining injunctive and restraining orders, business and cybercrimes.

He has experience across all sectors, including aerospace, construction, life sciences and applied science industries, e-commerce businesses, hotel and hospitality businesses, fashion and retail sectors. He has presented on intellectual property protection for the fashion industry, intangible property protection strategies for Corporate General Counsel, customs and border protection and enforcement, privacy and data protection, block chain, board governance and cyber security issues.

Professional achievements & leadership

  • Professional Engineer (P. Eng.), Association of Professional Engineers and Geoscientists of BC
  • Registered Trademark Agent
  • Certified Licensing Professional (CLP)
  • Institute of Corporate Directors, Director (ICD.D)
  • Advisory Team Member, Canadian Bar Association’s Supporting Inclusive Resource Development in East Africa Project
  • Ranked as one of Canada’s Leading Trademark Professionals in World Trademark Review 1000: The World’s Leading Trademark Professionals, 2021-2024

Notable matters

  • Drafting e-commerce agreements, privacy and terms of use agreements, for a global e-commerce business.
  • Advising a global e-commerce business on data handling on customer contracts and international data transfers.
  • Advising a global provider of whistle blower services on data handling and privacy protection under Canadian, U.S. and EU data protection regimes.
  • Advising health services provider on privacy impact assessments and risk assessment, Information Management Agreements.
  • Providing guidance to a global e-commerce business on trademark clearance searches and branding.
  • Advising a global weapons and threat detection business on intellectual property strategy and protection, clearance searches, brand management, and various commercial agreements, including collaboration, demonstration, research and development and reseller agreements.
  • Advising an International University on intellectual property protection and patent filing strategies.
  • Advising a corporate entity in relation to theft of its con?dential data, conducting internal investigations, and obtaining an injunction restraining the former employee from dissemination of con?dential information and surrender of all personal electronic computers and devices.
  • Advising and representing a construction organization in court proceedings for conspiracy, breach of confidence and breach of contract against a former employee and a sub-contractor, and their associated companies.
  • Acting for a designer and distributor of technical clothing in multi-jurisdictional trademark disputes and litigation.
  • Acting for a national innovator and technology distribution company in unfair competition and trademark litigation before the Intellectual property Offices and the Federal Court.
  • Advising organizations in relation to compliance with Canada’s Anti-Spam Law.
  • Advising and successfully defending a national telemarketer against action by the CRTC under the Unsolicited Telecommunications Rules.
  • Advising an international organization with respect to impact of rulings by the Canadian International Trade Tribunal in relation to antidumping/countervailing duty injury inquires.

Thought leadership

Presentations
  • "Copyright and Moral Rights in the Serial Arts,” Rodin Museum Conference, Paris, France, October 2019
  • "Transparency and Accountability: Impact of Corruption on Development," Kampala, Nairobi and Dar-es-Salaam, East Africa, September 2019
  • "Government Tools To Achieve Policy Objectives for Inclusive Resource Development," Kampala, Nairobi and Dar-es-Salaam, East Africa, September 2019
  • "Introduction to Blockchain," June and October 2018
  • "Copyright, Moral Rights and New Technologies," University of Glasgow, Scotland, April 2017
  • "Managing Intellectual Property in the Fashion Industry," August 2016
  • "Employer Liability for Social Media in the Workplace," Federated Press 7th HR Legal Risks Conference, 2013
  • "Ethical Contracts," Ismaili Entrepreneurship Conference, 2013
  • "Copyright and Intellectual Property," Ready or Not: Managing Risks in the Education Sector Conference, 2012
  • "Managing Intellectual Property Rights in the Workplace," 5th HR Legal Risks Conference, 2012
  • "Strategic Management of Intellectual Property Assets," 11th General Counsel Role in Maximizing Board Effectiveness, 2012
  • "Protecting Intellectual Property Capital and Brand Reputation," 9th General Counsel’s Role in Maximizing Corporate Performance Conference, 2011
  • "Dealing with Employee Law Issues," 9th General Counsel’s Role in Maximizing Corporate Performance Conference, 2011
  • "Managing Intellectual Property in the Workplace," BC Employment Branch of the Canadian Bar Association, 2011
  • "Patent Protection in a Global Context," Phama Patents, Legal & Strategic Guide Conference, 2008
Published Works
  • Co-author, Act, Don’t React: Dealing with Sexual Harassment in your Organization, Canada Law Book, updated annually
Publications
  • "Social Media Privacy Risks," Federated Press conference: Managing Privacy Compliance, 2015
  • "Social Media in the Workplace—Employer Liability Issues," Federated Press course: HR Legal Risks, 2013

Corporate directorships

  • Member, International Trademark Association Unfair Competition Committee
  • Advisory Team Member, Canadian Bar Association, Supporting Inclusive Resource Development in East Africa Project (2019-2021)
  • Member, Certified Licensing Professional Exam Development and Maintenance Committee
  • Member, Board of Governor, Stratford IB Hall School (2002 - 2017)
  • Director, Leadership Vancouver Society (1997 - 98)
  • Member, National Conciliation and Arbitration Board of Canada (2009 – 2015)

Professional memberships

  • Law Societies of British Columbia, Ontario and Alberta
  • Canadian Bar Association (CBA)
  • Association of Professional Engineers and Geoscientists of BC (APEGBC)
  • Trade-mark Agent
  • Intellectual Property Institute of Canada (IPIC), Fellow
  • International Trademarks Association
  • Association of University Technology Managers (AUTM)
  • Licensing Executives Society (LES)
  • Canadian Association of University Solicitors
  • Association of Certified Fraud Examiners (ACFEBC)

Bar admissions & education

  • Alberta, 2009
  • Ontario, 2007
  • British Columbia, 1991
  • LL.M., Osgoode Hall Law School
  • J.D., Dalhousie University
  • B.A.Sc. (Engineering), University of British Columbia