Scott Bouvier

Scott Bouvier

Scott Bouvier advises on commercial dealings and disputes with intellectual property, technology and food/agribusiness and is co-lead of the firm’s Food and Agribusiness team. 

Scott is recognised as one of Australia’s leading IP lawyers. Client quotes describe Scott as “dedicated and determined, with brilliant technical legal skills”; “always available, pragmatic and prepared to give his opinion”; “focused on getting the deal done and at the vanguard of Australian patent and technology licensing”; and say that his “nuanced and creative approach to difficult trademark issues sets him apart from the pack” and he is “commercial and approachable….makes an effort to understand [clients]…the relationship is valued”. 

Scott's practice includes: 

  • IP, advertising and commercial advice to leading brand owners, FMCGs and agribusinesses, including commercial agreements, international trade deals, trademarks, advertising campaigns, market entry strategies, new product launches, food law and therapeutic goods. 
  • R&D and IP transactions for a leading University, a National Research Institution and ANLEC R&D, including R&D funding, research collaborations, IP commercialisation, patent licensing, spin offs and start ups/VC companies. 
  • IP/IT aspects of M & A transactions. 

Scott's litigation experience gives him an in-depth insight into what matters when you transact IP and technology and how to creatively deal with disputes. Through his career Scott has acted on a range of leading cases (eg the Barefoot Radler, Kettle Chip and Duff Beer cases), and litigated disputes involving food production, solar technology, medical devices, passing off, copyright and trade mark infringement, distribution arrangements and IT system development. 

As co-lead of the firm’s Food and Agribusiness team, Scott is the firm’s AFGC representative, a member of the BCA’s Agri-food committee, an author of the firm’s Guide to Investing in Australian Agribusiness and the editor of AgriThinking, the firm’s seasonal publication on legal and regulatory issues in agribusiness. Scott travels regularly to China, frequently presents and participates on panels about making the most of Australia/China cross-border trade and investment opportunities and advises Australian based clients on their China market entry strategies and Chinese clients on Australian investments. Scott is also the Chair of the firm's Sydney Pro Bono Committee and a member of KWM in the Community Board.

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Recent Matters

  • CSIRO on numerous R&D projects and IP transactions relating to food production, agriculture, low emissions coal, renewable energies, ICT, preventative health, mining and metals deals.
  • The University of Sydney on numerous IP transactions, research and trade mark matters, including licence disputes, CRCs, clinical trial agreements, ARC Linkage agreements, numerous patent licences, research alliances and spin off company exits.
  • ANLEC R&D on funding agreement negotiations with the Commonwealth and ACA Low Emissions Technology and multiple project negotiations across a range of low emissions technologies.
  • Lion on sponsorship agreements, venue agreements, distribution agreements, product innovations, commercial sales and marketing agreements, advice across their beer, wine and dairy business, and recently on the international expansion of their beer and dairy businesses (with a focus on Asia).
  • Colgate Palmolive on advertising, product claims, therapeutic goods and IP issues and recently on the sale of its laundry detergents business to Henkel.
  • SunRice on a range of commercial agreements and international trade, marketing and IP matters.
  • New Hope on its dairy JV with the Moxey and Perich families.
  • KKR on the IP/technology aspects of its investment in Sundrop Farms.
  • Hills on the technology aspects of multiple acquisitions as well as technology disputes and trade marks.
  • Sydney Opera House on trade marks, IP and commercial matters including an active ongoing brand protection campaign involving the novel registration of images of the Opera House and over 60 opposition and non use actions.
  • Affinity Equity Partners on the IP/IT/privacy aspects of its investment in Velocity and on venue, IP and privacy issues in its acquisition of Nine Live/Ticketek (now rebranded TEG).
  • Garvan on its spin off of Solvanix, a biotechnology company with a novel technology for improving stability and reducing the aggregation of fully human antibodies.
  • Sports deals including World Sports Group including World Sports Group on its sports and commercial rights services agreements for the Singapore Sports Hub, Cricket NSW on its Big Bash league franchises and Basketball Australia on its broadcasting and IPTV deals.

Experience

  • 1987: Bachelor of Commerce, University of Queensland
  • 1989: Bachelor of Laws (University medal), University of Queensland
  • 1991: Associate to the Honourable Justice Lockhart, Federal Court of Australia
  • 1990, 1992 - mid 1997, late 1998 - 1999: Mallesons Stephen Jaques, Sydney
  • 1996: Masters of Law, University of Sydney
  • Mid 1997 - mid 1998: Associate, White & Case, New York
  • 2000 - 2012: Partner, Mallesons Stephen Jaques, Sydney
  • 2012 - present: Partner, King & Wood Mallesons, Sydney.

Location

Legal insights

KWM acted as global counsel for Humanwell Healthcare (Group) Co., Ltd and CITIC Capital on their US$600 million acquisition of ASX-listed Ansell Limited’s sexual wellness business.

05 December 2017

Three key themes dominated the Australian Food & Grocery Council Forum: the sector’s role in health, the wider relevance of Asia and the energy crisis.

02 November 2017

What is a co-operative, what are the distinguishing features on an Australian co-operative, and what are their advantagaes and disadvantages?

26 July 2017

Five key takeaways for the good and agribusiness sector from the Agri Investor Australia Forum including foreign and strategic investment insights.

27 June 2017