Scott Bouvier is one of Australia’s most prominent IP and technology lawyers, with a highly successful practice focused on commercial dealings and disputes in intellectual property, technology, trademarks and food.
Clients have described 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 have stated that his “nuanced and creative approach to difficult trade mark issues sets him apart from the pack” and that he is “commercial and approachable…makes an effort to understand [clients]…the relationship is valued”.
Scott’s practice includes advising FMCGs, private equity, start-ups, research organisations, universities and governments. He is widely known for developing close relationships with his clients and spending time understanding their strategies, opportunities and challenges, and is recognised as a trusted adviser. Scott’s ability to provide strategic, client-centric advice relating to complex IP matters, in addition to his innovative and practical approach, has earnt him the reputation as the “go-to” lawyer for IP commercialisation in Australia.
Scott established KWM’s market leading Food & Agribusiness team over 7 years ago and plays an active role in promoting the sector and liaising with stakeholders to advance its development. Scott’s work in this sector and for FMCGs includes commercial agreements, international trade, trademarks, advertising campaigns, market entry strategies, new product launches, disputes, food law and therapeutic goods.
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. Throughout his career Scott has acted on a range of leading IP cases (e.g. ObjectiVision, Barefoot Radler, Kettle Chip, Mint Slice, Sydney Business School, CISCO vs CSIRO and Duff Beer), and litigated disputes involving food production, solar technology, medical devices, passing off, copyright and trade mark infringement, distribution arrangements and IT system development.
Scott’s survey recognition in 2019 includes
- World Leading IP Strategist and one of two highly recommended lawyers in Australia for Patent Transactions by IAM magazine
- Global Leader in Trademarks by World Trademark Review; and
- “IP star” for IP Transactions by Managing Intellectual.
Scott has held many leadership positions in the firm including Sydney Partner in Charge and is a long standing member of KWM in the Community Board.
Scott’s matters and clients include:
- Silicon Quantum Computing – lead adviser to the Commonwealth on its ground breaking $25M investment into the $100M quantum computing venture together with Telstra, CBA and UNSW – encompassing complex IP licensing arrangements, shareholders agreement and due diligence. Scott continues to act for the company, led by the 2018 Australian of the Year, Professor Michelle Simmons.
- CSIRO – long term advisor on numerous spin offs, R&D projects and IP transactions relating to food production, agriculture, low emissions coal, renewable energies, ICT, preventative health, mining and metals over the last 13 years as well as successfully defending CISCO’s opposition to CSIRO’s new logo.
- Ansell’s Sexual Wellness business: advising Humanwell a Shanghai listed healthcare company, and CITIC Capital on their US$600 million acquisition of ASX-listed Ansell Limited’s sexual wellness business. Scott advised on the global trade mark acquisition and restructure, the licensing of key patented technology, regulatory issues and complex business separation and transition services arrangements.
- Honey adulteration investigation – advising Costa Asset Management and Beechworth Honey on the investigation into adulterated imported honey being sold in the Australian market, including briefing the ACCC on its ongoing investigation into the risk of food fraud and sale of adulterated honey.
- Lion – for over 25 years, advising on sponsorship agreements, venue agreements, distribution agreements, product innovations, commercial sales and marketing agreements, advice across their beer, wine and dairy business together with acting on the sale of Lion’s Australian wine business and the restructure of Lion’s JV’s with ABI Inbev, Heineken, Bevchain, and Barcardi.
- FMCGs – long standing relationship partner advising Colgate-Palmolive, SunRice and Kimberly Clark on a range of commercial, marketing, IP and technology matters.
- Crown Group: advising the property group on defending high profile allegations of trade mark infringement by the casino group Crown Resorts, with the matter settling on confidential terms after a mediation
- Sydney Opera House: advising on its ongoing brand protection campaign involving the novel registration of images of the Opera House and over 70 opposition and non-use actions over the last 12 years
- Garvan - 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 and recently advising Nathan Lyon on the registration enforcement and licensing of Nice Garry
- The University of Sydney: long term advisor over the last 14 years 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. Currently representing the University in relation to Federal Court litigation with ObjectiVision involving Multifocal Visual Evoked Potentials (mfVEP) technology and allegations of patent infringement, copying of software and breaches of a patent licence and shareholders agreement.
- ANLEC R&D – advising on funding agreement negotiations with the Commonwealth and ACA Low Emissions Technology and multiple project negotiations over the last 10 years across a range of low emissions technologies.
- 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.