David Benson

Clayton Utz Partner , Perth Work T +61 8 9426 8586 cell +61 421 993 251 +61 421 993 251 [email protected] https://www.claytonutz.com

David Benson primarily practises in the areas of commercial litigation, intellectual property, information technology (including social media) and privacy.

As a commercial litigator, David focuses particularly on contractual claims, disputes under the Corporations Act, shareholder disputes and contentious intellectual property matters in the Federal Court of Australia, including working closely with international law firms enforcing clients' intellectual property rights globally.

Complementing his contentious intellectual property practice, David advises enterprises of all sizes on their intellectual property assets, including the structuring of agreements dealing with IP rights (such as complex licensing and assignment arrangements), and the negotiation and drafting of high value IT agreements.

David's social media expertise is called on by clients who need to understand the legal effects of their use (and employees' use) of social media generally, or where unlawful content has been posted on social media.

As a part of his practice, David also advises holders of Australian Financial Services Licences on compliance with the relevant parts of the Corporations Act, the terms of their licences and the various ASX Rules. This includes their response to any investigations by regulatory and enforcement agencies.

recognition

Best Lawyers Australia: voted by peers as one of Australia's Best Lawyers in Litigation (2019-2024)
Doyle's Guide:
- recommended IP and TMT Lawyer (2019-2020)
- names David as a Rising Star – Intellectual Property, Australia (2016)

qualifications

Master of Laws, University of Melbourne (2010)
Bachelor of Laws, University of Western Australia (2004)
Bachelor of Science (Hons), University of Western Australia (2004)

admitted to practice

Western Australia (2005)
High Court of Australia (2006)
Federal Court of Australia (2006)

affiliations

David is a member of:

Law Society of Western Australia
Intellectual Property Society of Australia & New Zealand

Expertise

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Litigation and Dispute Resolution

Contractual disputes: David has represented numerous organisations (both claimants and defendants) in contractual disputes in a wide range of areas including joint ventures, shareholder disputes, offtake agreements, distributorships, sale and purchase agreements, service agreements, and IT contracts.

Corporations Act: David is acting for clients in relation to proceedings commenced under the Corporations Act, including claims relating to directors' duties and oppression, as well as statutory derivative actions.

Public companies: David has advised and represented public companies in relation to commercial disputes, statutory interpretation, challenges to local, State and Commonwealth decision-making by way of judicial review proceedings, access to information, risk management and legal compliance programmes.

Financial services regulation: David advises financial services licensees on their obligations under the Corporations Act and relevant market operating rules, and in relation to investigations being conducted by regulators (such as ASIC) and enforcement agencies (such as the Australian Crime Commission and the Australia Federal Police).

See Litigation and Dispute Resolution

Intellectual Property

Management of intellectual property rights: David advises on, and drafts, licensing, assignment and royalty agreements relating to intellectual property rights.

Copyright infringement: David has advised and represented numerous organisations in disputes involving allegations of copyright infringement.

Trademark infringement: David has advised and represented numerous organisations (claimants and defendants) in disputes involving allegations of trade mark infringement, misleading and deceptive conduct and passing off.

Patent infringement: David has advised and represented organisations in disputes involving allegations of patent infringement in both Australia and in conjunction with firms in other jurisdictions.

Intellectual Property Ownership: David has represented various organisations in disputes over the ownership of intellectual property.

Confidentiality: David has advised and represented various parties (claimants and defendants) in relation to the misuse of confidential information, including cases involving former directors and employees and competing businesses.

See Intellectual Property

Telecommunications, Media and Technology

IT contracts: David has advised and represented various parties in relation to IT and e-commerce contracts, including the negotiation and drafting of high-value software licences for proprietary software.

See Telecommunications, Media and Technology

Privacy

David assists clients with respect to their obligations under the Privacy Act, the preparation and maintenance of privacy policies, the conducting of privacy audits and the implementing of policies and procedures to facilitate compliance with the Privacy Act.

See Privacy

Social Media

David advises clients on their use (and their employees' use) of social media generally, or where unlawful content has been posted on social media.

See Social Media

Knowledge

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