Ben advises on IP litigation and prosecution across patent, trade mark, copyright, designs and confidential information, as well as licensing, technology agreements, competition law and franchising, with broad Federal Court experience.

Biography

Clients across a diverse range of industries including mining, technology, medical and life sciences, building and construction, automotive, retail, food, and secondary and higher education. Ben also acts and has acted for major franchisors including G.J. Gardner, Lenard’s, Ray White Real Estate, Hog’s Breath Café, Domino’s Pizza and Refund Home Loans. He is based in Brisbane and advises national and international clients across the Federal Court of Australia and state courts.

Ben’s practice covers all areas of intellectual property law, including patent, trade mark, copyright, design and confidential information litigation and prosecution, as well as IP licensing, technology development and outsourcing agreements, research collaborations, e-commerce, and regulatory compliance. He also has experience in competition and consumer law, franchising, defamation and media law, and acts as an independent mediator. He has experience executing Anton Piller orders as both client counsel and independent supervising solicitor, and has acted as independent reviewer of competition compliance programs reporting to the ACCC.

Ben has acted in numerous patent, design, trade mark, copyright and confidential information proceedings in the Federal Court, including matters with global patent enforcement dimensions. He acted for Central Queensland Mining Supplies (CR Razer) in significant patent litigation against Esco Corporation and Bradken Resources that went on appeal to the High Court of Australia, involving technology used in the coal industry. His practice spans Queensland-based matters through to national and international IP proceedings.

Ben combines over 25 years of IP litigation and advisory experience with qualified mediator status and a breadth of practice spanning IP, technology, competition law and franchising that is uncommon in a single practitioner. Clients describe him as a “stellar operator” whose “pragmatic, down-to-earth approach” makes complex litigation manageable.

Ben is also admitted to the High Court of New Zealand.

Credentials

Academic qualifications:

Memberships:

Ben's experience

CR Razer v Esco Corporation and Bradken Resources – High Court patent appeal

Acting for Central Queensland Mining Supplies (trading as CR Razer) in patent litigation against Esco Corporation and Bradken Resources, which proceeded on appeal to the High Court of Australia. The technology relates to products used in the coal industry.

Federal Court IP litigation – Patent, trade mark and copyright

Acting in numerous patent, designs, trade mark, copyright and confidential information litigation matters in the Federal Court of Australia, including matters involving global patent enforcement processes and cross-border IP strategy.

IP licensing and commercialisation

Advising on and preparing licensing and commercialisation agreements, IP structuring and strategy, brand protection and enforcement for national and international clients across technology, life sciences, mining, retail and food sectors.

Franchisor advisory – Major Australian franchise networks

Acting and advising for numerous major franchisors including G.J. Gardner, Lenard’s, Ray White, Hog’s Breath Café, Domino’s Pizza and Refund Home Loans on strategic and legal issues including IP protection, competition compliance and dispute resolution.

ACCC competition compliance – Independent review

Acting as independent reviewer of companies’ competition and consumer law compliance programs and reporting to the ACCC, providing objective assessment of compliance frameworks and remediation recommendations.

Awards, recognition and ranking