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Jane Nielsen

UTAS Home Dr Jane Nielsen

Jane Nielsen

Senior Lecturer

Room 2.17, Faculty of Law Building, Sandy Bay Campus

+61 3 6226 2322 (phone)

+61 3 6226 7623 (fax)

Jane.Nielsen@utas.edu.au

Exploring the legal and ethical landscape of 3D technology

3D printing has captured the imagination of the public. But is it safe? Are there legal, intellectual property or safety concerns?

Dr Jane Nielsen has a background in intellectual property and competition law issues in biotechnology, and is now examining material transfers in biomedical research. Dr Nielsen also looks at infringement and enforcement issues surrounding intellectual property and in the case of 3D printing, says 'there are layers of potential liability.'

'If someone prints out an object at home, or takes an object or software to a 3D printing bureau for copying, for example, they may be unconsciously infringing intellectual property laws such as copyright, patent law or design law,' she said.

'The (3D printing) technology is becoming more accessible all the time. Another issue we are interested in is bio-printing of body parts, and I'm working with other researchers at UTAS who are looking at the ethical implications of that,' Dr Nielsen said.

The real issue with 3D printing in the biomedical area is that none of the issues have really been contemplated.

 

'3D technology is moving quickly, but the related legal and ethical landscapes are playing catch up.

 

'Not many legal academics are currently looking at this area, but it's an untapped minefield, if you like.

'We have a small group looking at these issues and are in the process of writing up a study and associated publications. We also have a research project with associates from Swinburne University and Bournemouth University (UK), which involves a survey of the public. This is aimed at gaining an understanding of their views about 3D printing, the technology and its uses. We want to explore whether people have concerns about 3D printing technology and how it might impact on them.

'This will help us gain an understanding of whether people are knowingly or inadvertently infringing intellectual property laws, or whether they are printing out objects and using them without an understanding of the safety issues that might be involved,' Dr Nielsen said.

'At some point there will be recognition of the policy implications of 3D printing as there have been in genetics, and in other areas involving file sharing, (such as music). 3D printing issues are similar and there will of course be aspects unique to this particular technology.'

Dr. Nielsen says the University of Tasmania provides the ideal environment in which to carry out her research.

'I work closely with Professor Dianne Nicol who is the Director of the Centre for Law and Genetics (CLG). The CLG has an international reputation for its research into the legal and ethical issues associated with the commercialisation of genetic technologies. It also has strong affiliations with a number of other institutions and with other researchers at the University of Tasmania, particularly within the Faculty of Arts and the Menzies Research Institute.'

Outside of her research programmes, Dr Nielsen teaches Tort Law and Competition Law.

'I've been with the University of Tasmania on a permanent basis for eight years and I have to say its going well. It's fun and I get to solve problems, although I generate my own stresses!

'In the future I'd like to look even more closely at bio-printing issues. I'm currently doing some work in this area with a colleague from Bournemouth. My colleagues and I would also like to extend our work more into the consumer law area.'

Dr Jane Nielsen is a Lecturer in the Faculty of Law. She is a member of the Centre for Law and Genetics and her area of expertise is in the area of intellectual property law, particularly as it relates to biomedical research. She has a number of publications examining the intersection between intellectual property law and competition law. She has also recently become involved in researching the legal implications of 3D printing, specifically those relating to intellectual property and consumer law.

Career summary

Qualifications

DegreeTitle of ThesisUniversityCountryAwarded
PhDMapping the Intersection of Intellectual Property and Competition Law: Misusing Market Power When Refusing to License Biotechnology PatentsUniversity of TasmaniaAustralia2005
GradCertUniversity Learning and Teaching University of TasmaniaAustralia2008
GradCertLegal PracticeUniversity of TasmaniaAustralia1996
BCom, LLB (Hons) University of TasmaniaAustralia1994

Biography

Since 2007 Jane has been permanently employed as a lecturer at the Faculty of Law. Prior to this, she undertook her PhD at UTAS, after spending a period of time practising law. She completed the Legal Practice Course, Tasmania, in 1996 and commenced her apprenticeship in law. Jane was admitted as a Barrister and Solicitor of the Supreme Court of Tasmania and of the High Court of Australia in 1997 and practiced for three and a half years with Tasmanian firm, Dobson, Mitchell and Allport. She worked for AMP Asset Management in its capital gains tax division in London before undertaking her legal career.

In addition to her role as a Lecturer, Jane currently has a three-year appointment as a research fellow on an ARC-funded project. For the duration of this project she is working on a research-only basis. At the conclusion of the fellowship, she will resume my teaching role at UTAS.

Research Themes

Jane's research aligns with the University's research theme of Better Health. Her research investigates how intellectual property rights impact on biomedical research, and how other legal areas intersect with intellectual property law. She has a particular interest in patent law and the ways in which patents are used by biomedical researchers. Along with colleagues at the Centre for Law and Genetics, Jane's research has focused on methods of facilitating patent exchange in biomedicine, including the use of collaborative and other strategies to foster the transfer of patents, research materials and data. Her research team collaborates with colleagues from a number of international institutions.

Most recently, Jane's research interests have expanded to consider legal implications of 3D printing technologies. In addition to considering intellectual property issues, Jane and her collaborators are in the process of considering consumer safety and other legal issues. She is collaborating with colleagues from Swinburne University and Bournemouth University in the UK on these projects.

Memberships

Committee associations

Board member, Centre for Legal Studies, Tasmania (2015 – present)

Member, Council of Law Reporting, Tasmania (2015 – present)

Other

Member of the Academic Misconduct Committee (2010 – present)

Administrative expertise

Managing large projects and research teams.

Teaching

Tort Law, Competition Law, Intellectual Property Law

Teaching expertise

Jane's teaching expertise is in Tort and Competition Law. She also supervise postgraduate students, most particularly in the areas of Intellectual Property Law and Competition Law.

Teaching responsibility

Jane has a minor Teaching role at present due to her appointment as a research fellow on an ARC-funded project. Previously Jane taught in the areas of Tort Law and Competition Law, and will continue to do so in 2017.

LAW256 Torts 

LAW604 Competition Law

Research Appointments

Associate Investigator in the Ethics, Policy and Public Engagement Program of the Australian Centre of Excellence for Electromaterials Science (2015 – present)

View more on Dr Jane Nielsen in WARP

Expertise

  • Intellectual property rights in biotechnology
  • Patents and biomedical research
  • Intellectual property and competition law
  • Collaborative intellectual property strategies in biomedical research
  • Transferring materials and data in biomedical research
  • Intellectual property law and 3D printing
  • Consumer safety and 3D printing

Collaboration

Jane has collaborations with researchers at Australian universities (Swinburne, Murdoch, University of Wollongong, Deakin, Monash), and international institutions (including Bournemouth University, University of California, University of Alberta). The research on which she collaborates relates to both the intellectual property and biomedical, and intellectual property and 3D printing areas.

Research Fields

  • Law (180199)
  • Intellectual Property Law (180115)
  • Innovation and Technology Management (150307)

Research Impact

  • Justice and the Law (940499)
  • Technological and Organisational Innovation (910406)
  • Industry Policy (910205)

Publications

Total publications

39

Journal Article

(15 outputs)
YearCitationAltmetrics
2016Liddicoat J, Nielsen J, Nicol D, 'Three dimensions of patent infringement: Liability for creation and distribtion of CAD files', Australian Intellectual Property Journal, 26 pp. 165-178. ISSN 1038-1635 (2016) [Refereed Article]

[eCite] [Details]

Co-authors: Nicol D

2014Nielsen JL, Nicol D, Liddicoat JE, Whitton TC, 'Another missed opportunity to reform compulsory licensing and Crown use in Australia', Australian Intellectual Property Journal, 25 pp. 74-92. ISSN 1038-1635 (2014) [Refereed Article]

[eCite] [Details]

Co-authors: Nicol D; Liddicoat JE; Whitton TC

2014Nielsen JL, Nicol D, Liddicoat JE, 'Sharing the Burden in Australian Drug Discovery and Development: Collaborative Trends in Translational Research', Intellectual Property Quarterly, (3) pp. 181-209. ISSN 1364-906X (2014) [Refereed Article]

[eCite] [Details]

Co-authors: Nicol D; Liddicoat JE

2010Nielsen JL, 'Biomedical innovation: How compulsory is competition?', Australian Business Law Review, 38, (2) pp. 100-126. ISSN 0310-1053 (2010) [Refereed Article]

[eCite] [Details]

2009Nielsen JL, 'Book Review: Competition Law and Patents: A Follow-on Innovation Perspective in the Biopharmaceutical Industry', Competition and Consumer Law Journal, 16 pp. 363-365. ISSN 1039-5598 (2009) [Letter or Note in Journal]

[eCite] [Details]

2008Nielsen J, Nicol D, 'Whither patent use without authorisation in Australia?', Federal Law Review, 36, (3) pp. 333-364. ISSN 0067-205X (2008) [Refereed Article]

[eCite] [Details]

Co-authors: Nicol D

2007Nielsen JL, 'Innovation in medical biotechnology: Mapping the intersection of intellectual property and competition law', Australian Business Law Review, 35, (6) pp. 407-433. ISSN 0310-1053 (2007) [Refereed Article]

[eCite] [Details]

2006Nicol D, Nielsen JL, 'The Impact of Patents on Medical Biotechnology', Encyclopaedia of Life Support Systems EJ (2006) [Refereed Article]

[eCite] [Details]

Co-authors: Nicol D

2005Nicol D, Nielsen JL, 'Australian Medical Biotechnology: Navigating a Complex Patent Landscape', European Intellectual Property Review, 27, (9) pp. 313-318. ISSN 0142-0461 (2005) [Refereed Article]

[eCite] [Details]

Co-authors: Nicol D

2005Nicol D, Nielsen JL, 'Gene patenting and human health: the ALRC's report on Genes and Ingenuity', Australia and New Zealand Trade Practices Law Bulletin, 20, (10) pp. 153-155. ISSN 1035-1345 (2005) [Non Refereed Article]

[eCite] [Details]

Co-authors: Nicol D

2004Nielsen JL, 'Reach-Through Rights in Biomedical Patent Licensing: A Comparative Analysis of their Anti-Competitive Reach', Federal Law Review, 32, (2) pp. 169-204. ISSN 0067-205X (2004) [Refereed Article]

[eCite] [Details]

2002Nicol D, Nielsen JL, 'An Invitation to Participate in an Inquiry: Assignment and Licensing of Biotechnology Patents', Journal of AusBiotech, 12, (2) pp. 35-36. ISSN 1036-7128 (2002) [Non Refereed Article]

[eCite] [Details]

Citations: Scopus - 1

Co-authors: Nicol D

2002Nicol D, Nielsen JL, 'Biotechnology Patents: The Issue of Access', Genetics Law Monitor, 2, (4) pp. 9-11. ISSN 1471-3624 (2002) [Non Refereed Article]

[eCite] [Details]

Co-authors: Nicol D

2002Nielsen JL, Nicol D, 'Pharmaceutical Patents and Developing Countries: The Conundrum of Access and Incentive', Australian Intellectual Property Journal, 13, (1) pp. 289-308. ISSN 1038-1635 (2002) [Refereed Article]

[eCite] [Details]

Co-authors: Nicol D

2001Nicol D, Nielsen JL, 'The Australian Medical Biotechnology Industry and Access to Intellectual Property: Issues for Patent Law Development', The Sydney Law Review, 23, (3) pp. 347-374. ISSN 0082-0512 (2001) [Refereed Article]

[eCite] [Details]

Co-authors: Nicol D

Book

(4 outputs)
YearCitationAltmetrics
2016Griggs L, Nielsen J, 'Competition Law in Australia', Kluwer Law International B.V., The Netherlands, pp. 160. ISBN 9789041168474 (2016) [Revision/New Edition]

[eCite] [Details]

Co-authors: Griggs L

2014Nicol D, Nielsen JL, Liddicoat JE, Critchley CR, Whitton TC, 'The Innovation Pool in Biotechnology: the Role of Patents in Facilitating Innovation, Occasional Paper No.8', Centre for Law and Genetics, University of Tasmania, Hobart, pp. 344. (2014) [Authored Other Book]

[eCite] [Details]

Co-authors: Nicol D; Liddicoat JE; Critchley CR; Whitton TC

2012Griggs L, Duke A, Nielsen J, Cejnar L, 'Competition Law in Australia', Kluwer Law International, Netherlands, pp. 160. ISBN 978-90-411-3916-0 (2012) [Authored Research Book]

[eCite] [Details]

Co-authors: Griggs L

2003Nicol D, Nielsen JL, 'Patents and Medical Biotechnology: An Empirical Analysis of Issues Facing the Australian Industry', Centre for Law and Genetics Occasional Paper No. 6, Hobart, pp. 1-276. (2003) [Authored Other Book]

[eCite] [Details]

Co-authors: Nicol D

Chapter in Book

(2 outputs)
YearCitationAltmetrics
2011Nielsen J, 'Competition Law and Intellectual Property: Establishing a Coherent Approach', Emerging Challenges in Intellectual Property, Oxford University Press, K Bowrey, M Handler, D Nicol (ed), Melbourne, pp. 183-201. ISBN 9780195575125 (2011) [Research Book Chapter]

[eCite] [Details]

2010Nicol D, Nielsen JL, 'Opening the dam: patent pools, innovation and access to essential medicines', Incentives for Global Public Health: Patent Law and Access to Essential Medicines , Cambridge University Press, T Pogge, M Rimmer, and K Rubenstein (ed), Cambridge, pp. 235-262 . ISBN 9780521116565 (2010) [Research Book Chapter]

[eCite] [Details]

Co-authors: Nicol D

Conference Publication

(2 outputs)
YearCitationAltmetrics
2002Nicol D, Nielsen JL, 'Trends in Australian Owned Biotechnology Patent Licensing and Issues for Patent and Competition Law Development', AusBiotech 2002, 18-21 August 2002, Melbourne, pp. 76. (2002) [Conference Extract]

[eCite] [Details]

Co-authors: Nicol D

2002Nielsen JL, 'Biotechnology Patent Licensing Agreements and Anti-Competitive Conduct', Centre for Law and Genetics Occasional Paper No. 4, December 2001, Hobart, pp. 35-51. ISSN 1445-2766 (2002) [Non Refereed Conference Paper]

[eCite] [Details]

Contract Report, Consultant's Report

(12 outputs)
YearCitationAltmetrics
2014Griggs LD, Nielsen JL, 'Public Review of Competition Law: Competition Policy Review', Government of Australia, CR1165 (2014) [Consultants Report]

[eCite] [Details]

Co-authors: Griggs LD

2014Nicol D, Nielsen JL, Liddicoat JE, Owoeye OA, 'Exposure Draft Intellectual Property Laws Amendment Bill 2014', IP Australia (2014) [Consultants Report]

[eCite] [Details]

Co-authors: Nicol D; Liddicoat JE; Owoeye OA

2012Nielsen JL, Nicol D, Liddicoat JE, 'Compulsory Licensing of Patents', The Productivity Commission (2012) [Consultants Report]

[eCite] [Details]

Co-authors: Nicol D; Liddicoat JE

2011Nicol D, Liddicoat JE, Nielsen JL, Mee BA, 'Inquiry into Patent Amendment (Human Genes and Biological Materials) Bill 2010', Senate Standing Committee on Legal and Constitutional Affairs, 1 (2011) [Consultants Report]

[eCite] [Details]

Co-authors: Nicol D; Liddicoat JE; Mee BA

2010Nicol D, Nielsen JL, 'Implementing the TRIPS Protocol', IP Australia (2010) [Contract Report]

[eCite] [Details]

Co-authors: Nicol D

2009Nicol D, Nielsen JL, 'Patentable Subject Matter Options Paper', Centre for Law & Genetics, University of Tasmania (2009) [Consultants Report]

[eCite] [Details]

Co-authors: Nicol D

2009Nicol D, Nielsen JL, 'Exemptions to Patent Infringement', Centre for Law & Genetics, University of Tasmania (2009) [Consultants Report]

[eCite] [Details]

Co-authors: Nicol D

2009Nicol D, Nielsen JL, 'Inquiry into Gene Patents', Centre for Law & Genetics, University of Tasmania (2009) [Consultants Report]

[eCite] [Details]

Co-authors: Nicol D

2008Nicol D, Nielsen JL, 'Patentable Subject Matter Issue Paper', Advisory Council on Intellectual Property (2008) [Consultants Report]

[eCite] [Details]

Co-authors: Nicol D

2004Nicol D, Nielsen JL, 'Submission to the Advisory Council on Intellectual Property Inquiry Patents and Experimental Use', Advisory Council on Intellectual Property (2004) [Consultants Report]

[eCite] [Details]

Co-authors: Nicol D

2004Nicol D, Nielsen JL, Chalmers DRC, Griggs LD, 'Submission on the Australian Law Reform Commission Inquiry - Gene Patenting and Human Health', Australian Law Reform Commission (2004) [Consultants Report]

[eCite] [Details]

Co-authors: Nicol D; Chalmers DRC; Griggs LD

2004Nicol D, Nielsen JL, Chalmers DRC, Griggs LD, 'Supplementary Submission to the Australian Law Reform Commission Public Inquiry - Gene Patenting and Human Health', Australian Law Reform Commission (2004) [Consultants Report]

[eCite] [Details]

Co-authors: Nicol D; Chalmers DRC; Griggs LD

Thesis

(1 outputs)
YearCitationAltmetrics
2005Nielsen JL, 'Mapping the Intersection of Intellectual Property and Competition Law' (2005) [PhD]

[eCite] [Details]

Entry

(3 outputs)
YearCitationAltmetrics
2011Griggs LD, Duke A, Nielsen JL, Cejnar L, 'The Structure of Antitrust Law and Its Enforcement', International Encyclopedia of Laws - Competition Law, Denozza & Toffoletto (ed), Netherlands, pp. 25-72 (2011) [Entry]

[eCite] [Details]

Co-authors: Griggs LD

2011Griggs LD, Duke A, Nielsen JL, Cejnar L, 'The Application of the Prohibitions', International Encyclopedia of Laws - Competition Law, Denozza & Toffoletto (ed), Netherlands, pp. 73-138 (2011) [Entry]

[eCite] [Details]

Co-authors: Griggs LD

2011Griggs LD, Duke A, Nielsen JL, Cejnar L, 'Administrative Procedure', International Encyclopedia of Laws - Competition Law, Denozza & Toffoletto (ed), Netherlands, pp. 139-152 (2011) [Entry]

[eCite] [Details]

Co-authors: Griggs LD

Grants & Funding

Funding Summary

Number of grants

2

Total funding

$422,000

Projects

Delivering on the Commercial Promise of 3D Printing: Identifying Legal Barriers (2014)$10,000
Funding
University of Tasmania ($10,000)
Scheme
Grant-Research Enhancement (REGS)
Administered By
University of Tasmania
Research Team
Nielsen JL
Year
2014
The Innovation Pool in Australian Biotechnology: Assessing Optimal Strategies for Fostering Innovation through Patenting and Patent Pooling (2009 - 2012)$412,000
Description
The Australian biotechnology industry is characterised by many small players that use patents to manage commercialisation of their research. A side effect in such industries that build on complementary innovation is the fragmentation of rights. This can increase transaction and coordination costs and slow or stifle innovation. Patent pooling is a potential tool to free up inherent problems in traditional patent management, but there is a risk of anti-competitive conduct. We propose to: assess how the current Australian biotechnology industry is working; examine whether patent pooling is a feasible/desirable option; and make recommendations regarding the need for regulatory changes to increase benefits and reduce costs of patent management.
Funding
Australian Research Council ($412,000)
Scheme
Grant-Discovery Projects
Administered By
University of Tasmania
Research Team
Nicol D; Nielsen JL; Critchley C
Period
2009 - 2012
Grant Reference
DP0985077

Research Supervision

Jane welcome inquiries from Students looking to study in the areas of Intellectual Property Law and Competition Law.

Current

4

Completed

1

Current

DegreeTitleCommenced
PhDReconciling Patents as 'Personal Property' with Compulsory Licences2013
PhDOpen Source Licensing and the Genomic Research Commons2015
PhDAn Analysis of the Thorny Issues Within the Process of Drafting Know-How Licence Agreements for University/Biotechnology Purposes2016
PhDAustralian Designs Law and Virtual Designs2016

Completed

DegreeTitleCompleted
PhDPatents for Pharmaceuticals and Access to Affordable Medicines: Towards an All-Encompassing Access Paradigm for Africa
Candidate: Olasupo Ayodeji Owoeye
2014