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Ben Hitchens

Partner

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Ben Hitchens is a London-based Partner and intellectual property disputes lawyer. He works with a wide variety of tech clients, advising on the opportunities and risks arising from the integration of complex technologies, such as AI, blockchain and digital twins, particularly within the context of IP and international regulation. Ben has been at the forefront of navigating the thorny issues concerning copyright ownership, infringement and regulation within the field of generative AI, digital assets and virtual worlds and speaks regularly on the topic at conferences, roundtables and client events. Ben is also a member of the IP Federation, which represents the views of UK industry in intellectual property rights, policy and practice matters. Ben sits on the Copyright and Designs Committee and has been involved in many of the policy discussions relevant to the emergence of generative AI, including the UK’s proposed extension of the text and data mining defence and the continued protection of computer generated works under the UK’s copyright regime. As of 1 January 2024, Ben has been appointed to INTA’s International Amicus Committee, where he hopes to continue to contribute to the development of law and policy.

Ben’s practice covers all aspects of intellectual property law, with a particular focus on trade mark, copyright and design strategy and disputes. He is experienced in managing multi-jurisdictional IP disputes on behalf of some of the world’s best-known brands and has counselled clients in actions before the English High Court and Court of Appeal, as well as the Court of Justice of the European Union.

Ben is listed as a ‘key lawyer’ in the IP category of The Legal 500 and in 2022 and 2023 was listed as one of WIPR’s ‘Trademark Leaders’. In 2020, 2021, 2022 and 2023, he was recognised in World Trademark Review’s WTR 1000 for enforcement and litigation, which describes him as “unflappable”, “pragmatic, concise and commercial” and an “outstanding lawyer and IP specialist” who is “extraordinarily talented and if he’s not already a superstar, he’s going to be one”.

Ben is a trustee of the Rafiki Thabo Foundation, a charity which supports students in Kenya, Uganda and Lesotho through secondary and tertiary education.  Ben is also a guest lecturer on the University of Chicago Booth School of Business’ Executive MBA program. 

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Relevant experience

  • A leading technology company in a worldwide trade mark dispute in 50+ jurisdictions.
  • A leading technology company in opposition proceedings before the UKIPO, Appointed Person, High Court and Court of Appeal, including against person/persons unknown.
  • An iconic hardware designer on brand strategy and enforcement, including in connection with the clearance of trade marks and designs and the enforcement/protection of rights worldwide.
  • A leading manufacturer of industrial additives in breach of confidence proceedings before the High Court in connection with the alleged appropriation of confidential material subsisting in glass colouring concentrates.
  • A leading technology company within the field of payment processing on the clearance, prosecution and enforcement of its trade mark rights before the UKIPO, EUIPO, Board of Appeal, General Court and IPEC.
  • A leading technology company on liability arising from user-generated content and the application of the E-Commerce Directive.
  • A leading online platform in the High Court and Court of Appeal in defence of an infringement claim brought in connection with the operation of an internal search function and keyword advertising.
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Memberships & Roles

  • IP Federation – Copyright and Designs Committee
  • CITMA
  • Competition Law Association
  • Copyright Society of the USA
  • Society for Computers and Law
  • INTA – International Amicus Committee 
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Publications

  • Jan/Feb 2022 - International Litigation, Volume 28, IP Litigator.
  • March 2022 – Licensing Journal, Volume 42, ‘Flagrant Design Infringement Leads to Six-Figure Award of Additional Damages’.
  • March 2023 - International Journal of Blockchain Law, Volume V, 'Decentralised Autonomous Organisations (DAOs): What are they? And can they be parties to a claim?'
  • 2024 - LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, Sustainability Objectives in Competition and Intellectual Property Law, Chapter 21: ‘Sustainability and Intellectual Property in the United Kingdom’.
  • Crypto and Digital Assets Law and Regulation, Chapter 33, Intellectual Property.
     
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Education

  • 2011 - LL.M Intellectual Property with distinction, King’s College London, London.
  • 2007 - LL.B First Class, College of Law, London.
  • 2003 - BA (Hons) 2:1, University of York, York.
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Feed

01/03/2024
Digital Assets
Does your business have or is it ready for digitalisation and digital assets? Digital assets are transforming the world of business. Not just technologies in the news, like AI and crypto currencies, but a whole world of technological advances, from digital twins and extended reality to smart contracts and token­isa­tion. For tech businesses and those already using such technology to develop and market new products, much of this is core activity and relatively well understood – although legal and regulatory uncertainties remain, and potential pitfalls still exist for the unwary. But other business leaders, often less familiar with the territory, have to manage an increasingly complex assortment of issues that never troubled their predecessors, ranging from protecting their brand in the metaverse to deciding whether they should tokenise their shares or accept payments in crypto currencies. This section of Bandwidth looks at issues around the development and regulation of a wide variety of digital assets, and discusses how businesses can embrace them to innovate and evolve.
21/02/2024
A User's Guide to the EU AI Act
The UK and Israel are both EU-adjacent nations with innovative and tech-savvy businesses that will be keen to understand how artificial intelligence and automation will unlock opportunities and further their ambitious growth plans. This webinar will cover why the EU AI Act exists, what it means and how to practically approach compliance with the Act.
22/12/2023
High Court dismisses summary judgment application in Getty Images v Stability...
The High Court has recently handed down judgment on Stability AI’s application for reverse summary judgment and strike out in the high-profile Getty Images v Stability AI litigation. Earlier this year...
10/07/2023
CMS Media Morning Update 2023
The CMS Media Update Morning in March 2023 covered the future of regulation in the media sector, the impact of AI and the metaverse, trends in digital advertising, and legal considerations for sports documentaries. Click through the videos below to hear more in-depth discussions of these topics. 
28/06/2023
CMS Intellectual Property Webinar Series 2023
The CMS Intellectual Property team are pleased to invite you to our upcoming webinar series, taking place from February to July 2023. The series will span the full scope of CMS’s IP practice, including...
28/06/2023
Registered Designs (UK)
Find out what can be registered as a design and what the benefits are of doing so. We talk you through the process of design registration in the UK and some of the common challenges you may face.  
27/06/2023
Scope of UK unregistered design rights considered by IPEC – minor changes...
The UK Intellectual Property and Enterprise Court (“IPEC”) has issued its decision in KF Global Brands Ltd v Lead Wear Ltd and others, ruling that UK unregistered design rights did not subsist in...
28/04/2023
When are “parts” actually “products”? Defining “component parts of complex...
The EU General Court has issued its decision in case T-617/21 (B&Bartoli spol. S.r.o v EUIPO), exploring the definition of a “component part of a complex product” in EU registered design law.The case...
24/04/2023
European Designs Case Law Round Up
The CMS Intellectual Property Teams from France, Germany, Italy, Spain and the UK summarise recent designs cases of significance. 
11/04/2023
EU Design Rights - Frequently Asked Questions
Please fill in this short form to read our answers to frequently asked questions about EU Design Pro­tec­tion. Mem­bers of our dedicated Design Law Team are happy to provide further information – their...
23/03/2023
CMS Media Update Morning
Our popular Media Update Morning returns this spring and we are excited to welcome you in person to discuss a range of topical areas in­clud­ing:An­oth­er delay to the media bill? Where are we now and...
06/03/2023
Future impact of emerging technologies on IP protection and enforcement...
As technology develops rapidly, the way in which stakeholders protect and enforce their intellectual property (IP) is changing and will continue to change in the future, but how? And should existing IP...