Neobev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators Appointed) (No 3) [2014] FCA 4

FEDERAL COURT OF AUSTRALIA

Neobev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators Appointed) (No 3) [2014] FCA 4 Citation: Neobev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators Appointed) (No 3) [2014] FCA 4

Parties: NEOBEV PTY LTD (ACN 165 795 746) v BACCHUS DISTILLERY PTY LTD (ADMINISTRATORS APPOINTED) (ACN 065 961 711); MAX SCOTT CONSULTING PTY LTD (ACN 098 170 480) and MAX SCOTT

File number: SAD 291 of 2013

Judge: BESANKNO J

Date of judgment: 16 January 2014

Catchwords: PATENTS – applicant claims entitlement to rights in intellectual property by reason of two Deeds of Assignment – where intellectual property includes patents and know-how, copyright and confidential information associated with patents – identity of inventor or inventors of invention with respect to a process for producing a clean wine spirit used as a base in the production of cream liqueur products – alleged collaboration between two persons over a period of some months – identity of owner or owners of the patent – alleged conversation giving rise to joint ownership or an express trust for ownership in equal shares – terms governing use of confidential information and copyright material – construction of provision of royalty agreement dealing with obligation to continue to honour agreement when intellectual property sold to a third party and whether provision is vague and uncertain. Held: The third cross respondent is the sole inventor of the invention. The second cross respondent and the respondent are joint beneficial owners of the patent. The respondent's right or licence to use the confidential information is not capable of assignment. The provision in the royalty agreement is void because it is vague and uncertain.