Areas of Expertise

Intellectual Property, Technology & Telecommunications, Litigation & Dispute Resolution, Privacy, Trade Marks, Franchising, Litigation & Dispute Resolution, Competition & Regulation

Ben practices in all areas of intellectual property law including agreements and disputes, information technology, confidential information and privacy, competition and consumer law, and litigation and has over 25 years experience in legal practice. In addition to his intellectual property law experience, Ben is also an experienced practitioner in the area of defamation and media law.

He has considerable specialist litigation and prosecution experience in patent, copyright, trade marks, designs, and confidential information matters. Ben's experience extends from acting locally in Queensland, to national and international matters. He also has broad experience across the Federal Court of Australia.Ben advises international and national clients on their intellectual property and technology related contracts (including technology development and outsourcing arrangements), technology and IP licensing, research collaborations, e-commerce, intellectual property procurement and supply agreements, and regulatory compliance issues.

He has experience acting as the independent reviewer of companies' competition and consumer law compliance programs and reporting to the ACCC. Ben is a qualified mediator, and regularly acts as mediator in a variety of disputes. He also has experience in acting for clients and as an independent supervising solicitor in the execution of Anton Piller orders.

What others say

"I can’t speak more highly of Ben and his team at Thomson Geer. They made the process of navigating a complex IP dispute as painless as possible. This professionalism ultimately resulted in my company, Grenof, winning the dispute in the Federal Court which also resulted in indemnity costs being awarded! I 100% recommend Ben and Thomson Geer should you need help with any IP related matter. "
Scott Barnes, Managing Director, Grenof
"Leading Lawyer – Australia, Intellectual Property Law"
Best Lawyers Peer Review 2014 – 2023
"Pre-eminent Lawyer, Intellectual Property, Queensland"
Doyle's Guide 2018 – 2023
"Recommended, Intellectual Property"
Legal 500 Asia Pacific 2024

Experience

Patent and IP Litigation

Acting in numerous patent, designs, trade mark, copyright and confidential information litigation matters in the Federal Court of Australia, including those that have a global patent enforcement process. Acting for Central Queensland Mining Supplies (CR Razer) in patent litigation against Esco Corporation and Bradken Resources which went on appeal to the High Court of Australia. The technology relates to products used in the coal industry.

Intellectual Property Licensing and Advisory

Advising on and preparing licensing and commercialisation agreements and advising on IP structuring, strategy, brand protection and enforcement.

Franchising and distribution

Acted and acting for numerous franchisors including G.J. Gardner, Lenard's, Pie Face, Ray White, Hog's Breath Café, Domino's Pizza and Refund Home Loans including advising in relation to strategic and legal issues, including compliance with the Franchising Code of Conduct and Australian Consumer Law, national and international joint venture and licensing arrangements and competition issues.

IT and Technology

Acting for industry leaders in artificial intelligence and technology used in surveillance, parking enforcement, traffic and tolling and gaming.

Privacy documentation and data breaches

Handling suspected and known data breaches, including for various multinational groups and ASX-listed entities. Managing incidents from identification through to post incident review, including incident assessment, response strategy, notification to the relevant regulators and affected individuals, and communications with media and other key stakeholders. Preparing privacy documentation, advising clients on compliance issues, privacy law reform, offshore data disclosure, cloud services and privacy access requests and complaints.

Media Law

Acting for clients in defamation and media law disputes and advisory matters including contempt of court, suppression orders, freedom of information and court access applications.
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