Ben has a range of experience across intellectual property, technology, competition and commercial law. He advises clients on technology and commercial contracts, branding and product labelling, advertising and marketing law, and the protection, commercialisation and enforcement of intellectual property.
Ben regularly assists clients with drafting and negotiating procurement, technology and other commercial agreements, as well as advising on trade mark strategy, copyright and trade mark disputes, licensing and IP commercialisation. His experience includes implementing a national trade mark certification scheme and advising on agreements for the commercialisation of new plant varieties and patented technology.
He also advises clients on all aspects of competition and consumer law, including merger clearances, cartel conduct, anti-competitive practices, exclusive dealing, resale price maintenance, collective bargaining, notifications and authorisations, unfair contract terms, consumer guarantees, and misleading or deceptive conduct. Ben is known for his practical, commercially focused advice and his ability to support clients across complex regulatory and commercial environments.
His expertise has been recognised in The Best Lawyers in Australia for Intellectual Property Law every year since 2018. He is also ranked in Chambers and Partners Asia Pacific 2026 for Intellectual Property, Trade Mark and Copyright.
'Ben Hamilton's approach is fantastic. He gets to the heart of the risks and issues and addresses the legal frameworks around that.'
Chambers Asia-Pacific Guide 2026
Experience
Acting for the owner of a well-known trade mark 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 trade mark proprietorship issues; and
trade mark infringement and enforcement matters.
Acting for and advising clients in relation to the commercialisation of new plant varieties (plant breeders rights), in both domestic and overseas markets.
Acting for a coalition of professional sporting organisations in relation to the negotiation of copyright licences with a copyright collecting society. The matter also involved lodging a successful collective bargaining notification with the ACCC.
ACCC notifications and authorisations.
Merger clearance advice and assistance.
Advising a state representative sporting body on potential anti-competitive issues arising out of tendering its media rights to a national broadcaster.
Over 20 years’ experience in assisting clients with trade mark prosecution and enforcement activities and advising clients on domestic and international brand protection strategies.
Advising numerous corporate clients in relation to cartel provisions in respect of various supply, distribution and joint venture arrangements and advising on exclusive dealing, including ‘third line forcing’ arrangements.
Advising a new entrant into the Australian market in respect of the competition law issues arising out restrictive covenants in its sale and lease contracts. We considered whether the relevant restraints had the purpose or effect of substantially lessening competition in a market, in contravention of the CCA. This involved a complex assessment of the relevant markets.
Advising a well-known foreign company and its Australian subsidiary in relation to competition law matters arising out of a $35 million subcontracting / outsourcing arrangement which was entered into with a competitor. Ben also assisted the same client in relation to a subsequent ACCC investigation.
Advising a major logistics company on a significant VPN project, including negotiating the service contract with a significant telecommunications provider.
Acting for a major financial services company in relation to the drafting and negotiation of implementation agreements for a significant online facility and advising on related contract, privacy, financial services, competition law and other legal matters regarding its establishment.
Advising a complex and multijurisdictional trade mark dispute concerning a client’s well known and valuable registered trademarks in Chile.
Advising a well-known foreign technology company and its Australian subsidiary in relation to competition law matters arising out of a AU$35 million subcontracting/outsourcing arrangement which was entered into with a competitor. Ben also assisted the same client in relation to a subsequent ACCC investigation.
Acting for a German based software developer in respect of negotiating a software licence with the Victorian State Government (Department of Transport) in relation to a new fleet management and timetable management solution for Victorian trains.
Acting for a significant regional telecommunications and software development company in negotiating a wholesale telecommunications services agreement with AAPT.
Chambers and Partners Asia-Pacific 2025 and 2026
Intellectual Property: Trade Mark & Copyright
Best Lawyers in Australia 2018-2026
Intellectual Property Law
Doyle's Guide 2023 and 2024
Technology, Media & Telecommunications Law – Victoria
Lawyers Weekly Partner of the Year Awards 2020 and 2023
Finalist | Intellectual Property Partner of the Year
Law Society of Victoria (LIV)
- Intellectual Property Society of Australia and New Zealand (IPSANZ)
- Licensing Executives Society of Australia and New Zealand (LESANZ)