Benjamin has practised in Singapore, Hong Kong and Shanghai (as a foreign lawyer), and has been involved in many complex cross-border and multi-jurisdictional deals across Asia.
He has been recognised as one of Asia’s Leading Lawyers for IP by Chambers Asia-Pacific, where he was lauded as being “smart, quick, precise, dynamic and on top of things”, and by The Legal 500 Asia Pacific as “one of the brightest minds in the industry in respect of IP and data protection in addition to his broader TMT expertise” and is praised for his “valuable insight and experience“. Benjamin has also been named as one of “Singapore’s 40 Most Influential Lawyers Aged 40 and Under” by Singapore Business Review.
Benjamin has more than a decade of experience in advising clients on contentious and non-contentious matters, with a particular focus on technology-related joint ventures / mergers & acquisitions, technology and intellectual property licensing, technology outsourcing deals and data protection compliance. He has worked on a number of cross-border joint venture and merger and acquisition deals across Asia, with a particular focus on the China. With the growth of the digital and knowledge-based economy, Benjamin has a keen interest in cybersecurity, blockchain technology, fintech, insurtech, medtech, digital payments and AI and keeps abreast with developments in these new technologies and industries.
His clients range from multinational companies to start-ups which span across a wide range of industries, including the IT, telecommunications, life sciences, financial services and insurance.
In addition, Benjamin is active in the start-up space and has been partnering with start-ups throughout various stages of their business life cycles (including the seed and development, start-up, growth and establishment, expansion and exit stages). He regularly advises and gives talks to start-ups on issues relating to intellectual property protection, electronic transactions, consumer protection, data protection and general commercial laws.
Benjamin has been appointed as the committee member in the IT committee of the Law Society of Singapore (“LawSoc“). His role in this capacity includes advising LawSoc on matters relating to technology, artificial intelligence, technological innovation and legal practice and assisting LawSoc in reviewing and monitoring the adoption and management of technology and technological innovation in legal practice.
Benjamin is fluent in English, Mandarin (Putonghua) and Cantonese.
EXPERIENCE
Technology Joint Ventures / Mergers & Acquisitions
- Advised a special purpose acquisition company (SPAC) in respect of its proposed merger with PropertyGuru Pte. Ltd. into a combined company with an equity value of approximately US$1.78 billion and the proposed listing of the combined company on the New York Stock Exchange.
- Acted for a Hong Kong-listed Chinese online-only insurance company in a joint venture with a Singapore-based technology company for the launch of an insurance platform on the technology company’s online platform.
- Acted for or leading provider of nanotechnology solutions in Asia in relation to its S$140 million joint venture to undertake the hydrogen energy and hydrogen fuel cell business.
- Advised a digital assets joint venture of SGX and Temasek in its partnership with a fixed income issuance and data firm to build Asia Pacific’s first, end-to-end digital infrastructure in the fixed income space.
- Advised a Singaporean bank on a joint venture to develop a blockchain-based platform for payments, trade and foreign exchange settlement. The joint venture will use blockchain solutions to enable next generation, programmable value transfer for participating banks and their clients in real-time across a common and open platform.
Technology & Telecommunications
- Acted for a Chinese multinational internet technology company headquartered in Beijing on legal matters relating to its Southeast Asian expansion plans.
- Advised a Swiss banking software and business process outsourcing provider on (1) implementing large-scale IT outsourcing services across multiple jurisdictions to financial institutions of various sizes, and (2) the drafting of client’s entire suite of IT procurement and services agreements for the establishment of client’s business process outsourcing (BPO) centre in Singapore.
- Advised a major Chinese fintech company on all legal documentation relating to an international blockchain-powered global trade and financial services platform.
- Advised a European payment solutions developer on legal and regulatory issues in Singapore and the APAC region relating to the offering of in-car payment systems and services.
- Acted for the telecoms regulator in Brunei Darussalam (AiTi) in drafting their telecoms licensing regime, interconnection and competition regime and telecoms regulators operational handbook.
- Advised various social media companies on issues relating to internet content regulation (including the Protection from Online Falsehoods and Manipulation Act, Internet Code of Practice, online advertising, infringement and infringement) and dealing with actions and requests from enforcement agencies.
Intellectual Property / Life Sciences / R&D
- Advised a multi-national pharmaceutical company on a joint research and development project on new biomarkers for the development of personalised medicine with a major Singapore hospital.
- Advised a China-based contract research organisation (CRO) on clinical trial agreements with pharmaceutical companies and major hospitals in Singapore and Thailand.
- Advised various clients on their trademark portfolios in the China and Asia, including conducting availability searches of trademarks, advising on and preparation of applications to register, licence and assign trademarks and trademark opposition and cancellation proceedings.
Data Protection & Cybersecurity
- Advising and carrying out a full suite of compliance activities for various banks, insurance companies, financial advisory companies, credit card companies, healthcare companies and hospitals and education institutions to deal with Singapore personal data protection law.
- Advised on, drafted and reviewed company policies containing data protection provisions (including without limitation data protection policies, IT security policies, data retention policies and whistleblowing policies) for various banks, insurance companies, financial advisory companies, credit card companies, healthcare companies and hospitals and education institutions.
- Represented various companies in data breach notifications to, and investigations by, the Singapore Personal Data Protection Commission and assisted with data breach investigations.
- Advised a Chinese mobile equipment firm with the implementation of its global data protection policy.
- Conducted a mock data breach crisis incident and data protection training for a Singapore urban and business space solutions provider.
Licensing, Franchising & Hospitality
- Advised an American diversified multinational mass media and entertainment conglomerate on various agreements relating to the establishment and operation of a theme park in Shanghai.
- Acted as Singapore counsel for a Chinese state-owned enterprise on various agreements relating to the establishment and operation of a theme park in Beijing.
- Advised a Thai resort on a Resort Management Agreement, Trademark License Agreement and Technical Services Agreement for the operation of a resort in Sanya, China.
- Advised a multinational restaurant business in establishing a franchise in the China and registering its franchise with the Chinese authorities.
Disputes & IP Enforcement
- Acted for an Australian fashion brand in various legal actions against a Chinese trademark pirate in the China, including various customs, administrative, civil and criminal proceedings filed by and against the trademark pirate.
- Represented a multinational tax refund company against an Irish company in a patent infringement lawsuit filed in the Singapore High Court.
- Acted for a US multinational pharmaceutical company in a civil litigation action and subsequent re-trial application to the PRC Supreme People’s Court in relation to trademark infringement and unfair competition by a Chinese pharmaceutical company (listed as “Top 50 IP Cases of 2009” by the PRC Supreme People’s Court).
MEMBERSHIPS / DIRECTORSHIPS
- Member, Licensing Executives Society (Singapore)
- Member, Singapore Shanghai Business Association
PUBLICATIONS
- Contributor, Singapore Chapter in “Technology M&A Global Practice Guide”, published by Chambers and Partners (2022)
- Co-author, “Is The Current Legal Framework In Singapore Sufficient To Protect Humans From Autonomous Vehicles?”, published by Singapore Law Review (2018-2019)
- Co-author, “Computing Devices – A comparison between desktops, notebooks, and convertibles” and “Audio and Video Conferencing”, published by Singapore Academy of Law (Feb 2018)
- Co-author, “Strengthening the Great Cyber-Wall of China – An Effort in Protecting the Masses in Cyberspace or Keeping Out the Foreigners?”, published by Bloomberg Law (Oct 2017)
- Co-author, “China’s New Anti-Terrorism Law: Implications for Firms Dealing with Data in China”, published by Bloomberg (Feb 2016)
- Co-author, “IP In China – Protection and Tax Optimisation”, published by International Tax Review (Oct 2008)
- Contributor, the Intellectual Property Chapter in “Singapore Precedents of Pleadings”, published by Sweet & Maxwell Asia (2006)
- Contributor, “Legal Issues Surrounding the Importation of Software into China”, published by The Singapore Law Gazette (Jan and Feb 2004)
- Co-author, “Windows into the Middle Kingdom: A Peek into the Importation and Sale of Software in China”, published by Singapore Journal of International & Comparative Law (2003)
