Sidney Kung
Biography
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)