Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Neobev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators Appointed) (No 4) [2014] FCA 21 Citation: Neobev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators Appointed) (No 4) [2014] FCA 21
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: BESANKO J
Date of judgment: 4 February 2014
Catchwords: PATENTS – Patents Act 1990 (Cth) s 192 – rectification of Register of Patents for error or omission – declaration that patent held on trust – application for rectification of Register of Patents to record sole inventor – application for rectification of Register of Patents to record beneficial owner as co-owner – rectification amounting to or having the effect of an in specie distribution of trust property – proposed sale of patent, confidential information and copyright works or company holding patent, information and works. Held: Declaration that patent held on trust made. Order for rectification of Register of Patents to record sole inventor made. Order for rectification of Register of Patents to record beneficial owner as co-owner refused. Injunction restraining respondent from selling or promoting for sale confidential information imposed.
Legislation: Corporations Act 2001 (Cth) s 444GA Patents Act 1990 (Cth) Ch 2 Pt 2, s 192, Sch 1
Cases cited: Neobev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators Appointed) (No 3) [2014] FCA 4
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