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ARTICLE · 14 AUGUST 2014

Intellectual property risks for joint inventors – Avoid the mud

This case illustrates the importance and value of a written contract, before parties begin a collaborative arrangement.

AustraliaIntellectual Property

Joint ventures or collaborative arrangements are often considered to be an efficient way for people to work together to achieve a common goal. However, working together without a proper legal framework could result in a complex and quite expensive legal dispute over ownership of any intellectual property that may have been developed by parties working collaboratively.

The recent Federal Court decision of Neobev Pty Ltd v Bacchus Distillery Pty Ltd (Administrators Appointed) (No 2) [2014] FCA 4 considered the issue of joint inventorship and the assignment of confidential information and copyright. In this case, the Federal Court had to determine the identity of the inventor or inventors of the invention. The invention involved a process for producing a clean wine spirit used as a base in the production of cream liqueur products (CWS invention).

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