John Benjamin
John Benjamin serves as a co-chair for the Duane Morris Technology, Media and Telecom industry group. He is one of the UK’s leading technology lawyers with clients across the globe.
Mr. Benjamin focuses his practice on intellectual property, technology and privacy law, dealing with both transactional matters and disputes in the UK and abroad.
He is regularly asked to advise global technology companies on bleeding edge legal issues that cross multiple disciplines. These often involve “bet the farm” decisions where he is asked by clients to provide legal solutions to help turn their aspirations into reality. His skills have been developed both in private practice as well as in an in-house environment (whilst working at a multi-national consumer electronics company).
Mr. Benjamin has extensive experience in data protection matters, including the General Data Protection Regulation (GDPR).
Mr Benjamin serves on the firm’s Diversity and Inclusion Committee and actively contributes to the pro bono activities of the firm.
Areas of Practice
- Intellectual Property Law
- Data Protection and Information Law
- GDPR
- Technology Law
Practice Area
Panel
- Contributing Author
Qualified Year
- 1999
Experience
- Duane Morris (2019 - Present)
- DWF LLP (2015 - 2019)
- White & Case (2011 - 2015)
- Eversheds (2004 - 2011)
- GSC Solicitors (1997 - 2004)
Membership
- Society for Computers and the Law
Qualification
- Solicitor (1999)
Education
- Queen Mary and Westfield College, LL.M., IP Law (1997)
- The College of Law of England and Wales, L.P.C. (1996)
- Queen Mary and Westfield College, LL.B. (1995)
- King’s College London, Diploma EC Competition Law (2000)
- University College London, Certificate in Chinese Intellectual Property Law
1 Contributions by John Benjamin
PRACTICE NOTES
Software licences: UK drafting guidance on warranties, implied terms, sole remedies, exclusions, and third-party IP indemnities and claims conduct
This Practice Note explores the principal legal and commercial considerations that may surface in a business-to-business setting when drafting and negotiating warranties and indemnities for both standard and off-the-shelf software licences, as well as more intricate arrangements. For guidance on other core matters affecting software licences, including limitations on liability linked to warranty or indemnity claims, see Practice Note: Key issues in software licence agreements. See also the following materials on dispute resolution:
Pre-action: general—overview
Starting a claim or counterclaim—overview
Contractual breach damages and remedies—overview
For warranties and indemnities within cloud models, including software as a service (SaaS), see Practice Note: Cloud computing—key legal issues.
Warranties
A warranty is a contractual promise (see Bentsen v Taylor & Sons). In most commercial agreements, including software licences, warranties are assurances that specific facts or states of affairs are accurate, but they can also be undertakings to take certain steps in future or to prevent particular outcomes. Market practice varies significantly between standard and bespoke software in relation to the breadth of warranty protection typically provided. While suppliers of mass-market software offer...
TMT
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