Anthony Franklin SC
Anthony Franklin is a commercial barrister specialising primarily in intellectual property with extensive international experience.
• Called to the bar in South Africa in 1982 – granted silk in 1996
• Called to the NSW bar in 1998 – granted silk in 2003
• Called to the London bar in 2002 (Lincoln’s Inn)
In South Africa, Anthony has appeared in a large number of leading patent, copyright, trade mark and designs cases. He came to Australia in 1998 as one of South Africa’s leading intellectual property senior counsel.
In Australia, Anthony has established a substantial intellectual property practice, with a particular emphasis on patent litigation, but including copyright, trade marks and designs.
In 2004 to 2005 he practised in London as a member of Hogarth Chambers in Lincoln’s Inn, one of the UK’s leading intellectual property sets of barristers. He returned to Sydney at the end of 2005, although he continues to take briefs in South Africa and the United Kingdom. He has door Chambers in South Africa (Circle Chambers, Pretoria) and in London (Hogarth Chambers).
Throughout Anthony’s practice his main specialism has been patent litigation. He has appeared in a large number of reported patent cases in diverse fields including pharmaceutical (biotechnology and organic chemistry), engineering (mechanical, mining, chemical and electrical), gaming technology and consumer goods.
Anthony also takes briefs in other fields and he has appeared in a variety of general commercial cases often involving contractual disputes in areas of complicated technology.
He also has extensive arbitration experience. He is the founder and member of IPACSA (The Intellectual Property Arbitration Centre South Africa).
Area of Practice
- Commercial law
- Intellectual property
- Information technology
- Professional negligence
- Trade practices
- Arbitration
Education
BA LLB (University of Witwatersrand)
Claude Franks Memorial Prize (top student, Jurisprudence and Conflict of Laws).
Memberships
Australia
Intellectual Property Committee of the Law Council of Australia
Copyright Society of Australia
Intellectual Property Society of Australia and New Zealand
South Africa
Pretoria Society of Advocates
Circle Chambers (Brooklyn, Pretoria)
United Kingdom
Lincolns Inn
Hogarth Chambers (5 New Square, Lincoln’s Inn)
Publications
Flexibility vs Certainty in Patent Law – Australia vs UK and South Africa (Intellectual Property Forum, Issue 58, September 2004)
Pick a Principle – A Provocative Look at Patent Claim Construction in Australia (Intellectual Property Forum, Issue 67, December 2006)
Profile – In Conversation with Anthony Franklin SC (Intellectual Property Forum, Issue 71, December 2007)
“In the Light of” Common General Knowledge – Obviousness after the Full Court Decision in AstraZeneca v Apotex (Intellectual Property Forum, Issue 98, September 2014)
NSW BAR ADMISSION: 1998
APPOINTED SC: 2003