Sidney Kung

Sidney Kung

Special Counsel
Baker & McKenzie

Biography

Sidney Kung is a special counsel in Baker McKenzie's Sydney office and is part of the Firm’s Intellectual Property and Technology, and Healthcare and Life Sciences Groups.

Practice Focus

Sidney regularly assists companies in the healthcare and life sciences industry on non-contentious and contentious IP matters, and various regulatory issues, including product approval, market access, labelling, advertising and promotion, interactions with consumers and healthcare professionals, pricing and reimbursement. He also has broad experience, including in the Australian Federal Courts, State Courts and Tribunals in matters concerning patents, trademarks, copyright, breach of confidence, trade practices and breach of contract.

Prior to obtaining his legal qualifications, Sidney practised as a pharmacist in Australia in both hospital and community settings. He draws upon this practical experience to help clients navigate complex regulatory issues in the healthcare space.

Representative Legal Matters

  • Assisting global pharmaceutical and medical device companies in relation to compliance with Australian industry codes of conduct, labelling, packaging, marketing, advertising, pricing and reimbursement requirements.
  • Advising on regulatory aspects of conducting clinical trials in Australia.
  • Advising various listed companies on regulation of cannabis-based products for human and animal consumption in Australia.
  • Acting for global pharmaceutical and natural healthcare companies in obtaining urgent injunctions against competitors and former distributors to restrain impermissible advertising campaigns and competitive product launches.
  • Acting for a global pharmaceutical company in patent infringement and revocation proceedings in the Federal Court regarding a blockbuster antidepressant drug, involving pharmaceutical extensions of term, quantification of loss associated with Pharmaceutical Benefits Scheme-listed products, and judicial review of Patent Office conduct.
  • Advising on IP and TGA regulatory aspects of divestiture of Australian off-patent pharmaceutical assets in the context of a merger between two pharmaceutical businesses.

Professional Honors

  • Ones to Watch (Intellectual Property), Best Lawyers in Australia, 2022-2026
  • Rising Star, Managing Intellectual Property's IP Stars, 2018-2020
  • Finalist for Lawyers Weekly 30 under 30 (Intellectual Property), 2019

Admissions

  • England & Wales (Solicitor) (2023)
  • New South Wales~Australia (2014)

Education

  • University of Melbourne (Master of Laws (Honours)) (2019)
  • University of New South Wales (Juris Doctor (Honours)) (2013)
  • University of Sydney (Bachelor of Pharmacy (Honours)) (2009)
  • Co-presenter, “Regulatory Pulse Check”, Baker McKenzie Healthcare & Life Sciences 13th Annual Executives and Legal Counsel Training Day, 2026
  • Co-presenter, “Hot topics and trends in Regulatory and IP Disputes”, Baker McKenzie Healthcare & Life Sciences 12th Annual Executives and Legal Counsel Training Day, 2025
  • Contributor, "Australia's quest for ethical AI", Biospectrum Asia, May 2024
  • Co-presenter, "The rise of AI in Healthcare and Life Sciences", Baker McKenzie Healthcare & Life Sciences 11th Annual Executives and Legal Counsel Training Day, 2024
  • Co-author, "Australia: New applications of old methods to prove IP infringement – Recent lessons from the Federal Court", Baker McKenzie InsightPlus, 2023
  • Co-presenter, "Digital health innovation: the rise of SaMD, SiMD and digital 'wellbeing' products", Baker McKenzie Healthcare & Life Sciences 10th Annual Executives and Legal Counsel Training Day, 2023