Neobev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators Appointed) (No 4) [2014] FCA 21

Neobev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators Appointed) (No 4) [2014] FCA 21

Mr Max Scott was to be declared the sole inventor and the Register rectified to name him as sole inventor. Neobev was declared the beneficial co-owner of the 593 Patent and Bacchus was declared to hold ownership of the patent and invention on trust for itself and Neobev as co-owners in equity. However, the Court refused to rectify the Register to record Neobev as co-owner because that would amount to, or have the effect of, an in specie distribution of trust property and the Court was not satisfied that the trust had ended. The licence concerning the Confidential Information and Copyright Works was not terminated merely because Bacchus entered administration, but Bacchus was not entitled...

Jurisdiction
Australia
Judgment Date
04 February 2014
Procedural Posture
Patent Rectification, Trust, Confidential Information and Copyright Works Proceeding / Final Orders After Reasons for Judgment and Submissions on Orders
Outcome
Declarations and orders made in part; Neobev's application to rectify the Register of Patents to record it as co-owner was refused; costs reserved.
Legal Topics
['rectification of Register of Patents' 'inventorship' 'beneficial Co Ownership of Patent' 'trust Over Patent Ownership' 'in Specie Distribution of Trust Property' 'licence of Confidential Information and Copyright Works' 'administration of Company' 'injunction']
['patents' 'equity and Trusts' 'corporations' 'intellectual Property' 'civil Procedure'] ['rectification of Register of Patents' 'inventorship' 'beneficial Co Ownership of Patent' 'trust Over Patent Ownership' 'in Specie Distribution of Trust Property' 'licence of Confidential Information and Copyright Works' 'administration of Company' 'injunction']

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Procedural Posture

Patent Rectification, Trust, Confidential Information and Copyright Works Proceeding / Final Orders After Reasons for Judgment and Submissions on Orders

Legal Issues

  1. 1 ['Whether the Register of Patents should be rectified to name Mr Max Scott as the sole inventor of Australian Standard Patent 2006201593.' 'Whether Neobev should be declared the beneficial co-owner of the 593 Patent and Bacchus declared to hold the patent on trust for itself and Neobev as co-owners in equity.' 'Whether the Register of Patents should be rectified under s 192 of the Patents Act 1990 (Cth) to record Neobev as a co-owner of the 593 Patent.' "Whether Bacchus's administration terminated the licence concerning the Confidential Information and Copyright Works." "Whether Bacchus should be restrained from promoting for sale, selling or otherwise disposing of the Confidential Information or Copyright Works without Neobev's consent."]

Ratio Decidendi

Mr Max Scott was to be declared the sole inventor and the Register rectified to name him as sole inventor. Neobev was declared the beneficial co-owner of the 593 Patent and Bacchus was declared to hold ownership of the patent and invention on trust for itself and Neobev as co-owners in equity. However, the Court refused to rectify the Register to record Neobev as co-owner because that would amount to, or have the effect of, an in specie distribution of trust property and the Court was not satisfied that the trust had ended. The licence concerning the Confidential Information and Copyright Works was not terminated merely because Bacchus entered administration, but Bacchus was not entitled...

Court Disposition

Declarations and orders made in part; Neobev's application to rectify the Register of Patents to record it as co-owner was refused; costs reserved.

Orders

  • ['Mr Max Scott is the sole inventor of the invention which is the subject of Australian Standard Patent 2006201593 and Australian Standard Patent Application 2011201999.' 'Neobev Pty Ltd is, and has since 13 September 2013 been, the beneficial co-owner of the 593 Patent and the invention which is the subject of that...