Ben Hamilton

Partner

+61 3 9603 3586

ben.hamilton@hallandwilcox.com.au

Download Vcard

Current Practice

Ben is the Lead Partner of the firm's Intellectual Property and Technology practices.

Ben has a range of experience in commercial transactions and intellectual property matters.

Ben specialises in:

trade mark matters, including advice, registrations, disputes and licensing;
intellectual property commercialisation, including technology agreements, patent licensing and plant variety licensing;
copyright advice, disputes and licensing;
joint venture agreements, capital raisings and shareholders’ agreements;
Competition and Consumer Act (formerly Trade Practices Act) compliance and advice; and
IT agreements and disputes.

Experience

Ben has acted for Apple and Pear Australia; AXA Australia; Bendigo and Adelaide Bank; Boost Juice; Dangerfield; Dennis Family Corporation; Intershop Communications AG; Museum of Victoria; Prevar; The Australian Toy Association; Telcoinabox; bwired and Vapormedia.

Specific experience includes acting for the owner of one of Australia’s premium brands which is licensed around the world including the following:

defending a non-use trade mark claim;
licensing trade marks internationally including in Brazil, Argentina, the EU, South Africa and New Zealand;
advising on complex trade mark proprietorship issues;
customs seizures of suspected counterfeit products; and
trade mark infringement and enforcement matters.

Ben has also advised clients in defending substantial copyright and trade mark infringement claims, implementing a national trade mark certification scheme, enforcement actions against importers of suspected counterfeit goods and drafting agreements relating to the commercialisation of new plant varieties and patented technology. In addition to his intellectual property expertise, Ben has significant experience acting for a range of technology companies including:

acting for a dual listed German software developer in respect of a number of matters;
advising a major logistics company on a significant VPN project, including negotiating the service contract with a significant telecommunications provider;
advising a major Australian hydraulics company on technology agreements relating to a multimillion dollar enterprise software project; and
acting for the developers of 'fantasy sports' software, including advising on their IT services contracts.

Qualifications

Ben has a Bachelor of Laws and a Bachelor of Arts (Hons) from Monash University and a Masters of Commercial Law at the University of Melbourne. He became a partner in 2008.

Ben is a member of the Law Institute of Victoria and its Intellectual Property and Information Technology Committee. He is also a member of the Intellectual Property Society of Australia and New Zealand (IPSANZ) and the Licensing Executives Society of Australia and New Zealand (LESANZ).

In The Press

The Weekly Times: Lessons from King Island - 14 September 2011

Publications

Furniture Galore gets caught for misleading reduced price advertising ‑ 13 January 2012
Misleading and deceptive conduct in advertising ‑ 10 January 2012
Boost Juice successfully opposes a trade mark for Boost Foods ‑ 16 December 2011
New requirements for warranty documents commencing on 1 January 2012 ‑ 07 December 2011
Metcash in clear after ACCC appeal dismissed ‑ 06 December 2011
ACCC takes first action under unfair contract terms provisions of the Australian Consumer Law ‑ 09 September 2011
National business names registration system - what you need to know ‑ 09 May 2011
Cab company pays heavy penalty ‑ 12 November 2010
Parliament passes second bill as part of the Australian Consumer Law reforms ‑ 08 July 2010
Resale royalty rights scheme for visual artists commences ‑ 10 June 2010
High Court decision in E&J Gallo Winery v Lion Nathan Australia Pty Ltd handed down: Barefoot trade mark ‑ 21 May 2010
Australian Consumer Law passed ‑ 19 March 2010
Network security activities expanded ‑ 23 February 2010
Internet service provider wins landmark case ‑ 04 February 2010
New visual art resale royalty introduced ‑ 07 December 2009
University found to not have any implied rights of ownership of its employee's invention: University of Western Australia v Gray [2009] FCAFC 116 ‑ 10 September 2009
Proposed consumer laws and business-to-business contracts ‑ 08 July 2009
Fee abolished - greater affordability of European Community trade mark registrations ‑ 02 July 2009
Technology, Engineering and Construction List ‑ 26 June 2009
Cartel conduct criminalised ‑ 23 June 2009
Film and television studios sue internet service provider ‑ 23 February 2009
Trade fair tips: how to avoid putting your IP at risk ‑ 20 February 2009
Enforcing unregistered trade marks ‑ 17 February 2009
Intellectual property considerations for internal restructuring ‑ 13 October 2008
Franchisors breathe a collective sigh of relief ‑ 28 August 2008
Changing Times for Domain Name Registration ‑ 04 July 2008
Title to inventions: University of WA v Gray ‑ 01 July 2008
Common configuration or copy? ‑ 07 May 2008
Parallel importation and intellectual property infringement – it’s just not polo ‑ 18 February 2008
ACCC to investigate supermarkets ‑ 31 January 2008
Having problems with counterfeit products? Don’t forget the Trade Practices Act 1974 (Cth)! ‑ 24 January 2008
High Court qualifies Crown immunity: ACCC v Baxter Healthcare ‑ 18 September 2007
ACCC corners Quizno's over misleading franchising ‑ 23 August 2007
Missed calls cost mobile phone spammer almost $150k in fines ‑ 08 August 2007
ACCC wins cartel case: $9.2 million in penalties awarded against Perth cartel ‑ 07 August 2007
C7 “Mega litigation”: Federal Court hands down landmark decision under the Trade Practices Act 1974 (Cth). ‑ 06 August 2007
Price fixing case fails …. this time ‑ 05 June 2007
Strengthening section 46: a win for small business? ‑ 25 May 2007

People

Ben Hamilton

Ben Hamilton

Current Practice

Experience

Qualifications

In The Press

Publications

Related Expertise / Industry

Find