Ben Hamilton


Qualifications: LLM, LLB, BA (Hons)



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

He specialises in technology and commercial contracts, branding and product labelling advice, advertising and marketing law, trade mark matters, intellectual property commercialisation, copyright advice, disputes and licensing, and competition and consumer law matters.

Ben has also advised and assisted clients in drafting and negotiating procurement, technology and other commercial contracts, asserting and defending substantial copyright and trade mark infringement claims, implementing a national trade mark certification scheme, drafting agreements relating to the commercialisation of new plant varieties and patented technology.

Ben has been recognised in The Best Lawyers in Australia in Intellectual Property Law every year since 2018.


  • 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.
  • 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.
  • Acting for the developers of ‘fantasy sports’ software, including advising on their IT services contracts.
  • 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.
  • Acting for Intershop Australia, a wholly owned subsidiary Intershop Communications AG, in relation to a number of high value technology transactions, including with Australia’s leading telecommunications provider, Telstra, Australia Post and Bosch.
  • 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.
  • Drafting template procurement agreements for use of local government entities across a variety of arrangements.
  • Acting for a significant regional telecommunications and software development company in negotiating a wholesale telecommunications services agreement with AAPT.
  • Acting for Apple and Pear Australia Limited (APAL) in the Supreme Court of Australia, and successfully appealing the original decision in the Court of Appeal, to defend an option deed for trade mark licensing to Pink Lady America (PLA).


Best Lawyers in Australia
Partner – Intellectual Property Law
Best Lawyers in Australia
Partner – Intellectual Property Law

Professional Membership

  • Intellectual Property Society of Australia and New Zealand (IPSANZ)
  • Licensing Executives Society of Australia and New Zealand (LESANZ)

Latest thinking

Thinking | 8 Apr 2019

Changes to warranty documentation requirements - are you ready?

Suppliers or manufacturers of goods or services may wish to provide promises to consumers about what they will do in the event that there is a defect in the relevant good or service, such as repairing or replacing the good, providing the service again or compensating the consumer.