Profiles

Jane Nielsen

UTAS Home Associate Professor Jane Nielsen

Jane Nielsen

Associate Head Research Performance
Faculty of Law

Room 2.17 , Faculty of Law Building

+61 3 6226 2322 (phone)

+61 3 6226 7623 (fax)

Jane.Nielsen@utas.edu.au

Associate Professor Jane Nielsen has a background in intellectual property and competition law issues in biotechnology, and is now examining material transfers in biomedical research. Associate Professor 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.'

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?

'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,' Associate Professor 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,' Associate Professor 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.'

Associate Professor 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 College of Arts, Law and Education and the Menzies Research Institute.'

Outside of her research programmes, Associate Professor 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.'

Jane Nielsen is an Associate Professor in Law at the School of Law in the College of Arts, Law and Education.

Biography

Before joining the University of Tasmania, Jane practised as a solicitor in Hobart, Tasmania. She left legal practice to undertake doctoral studies at the University of Tasmania, where she subsequently became employed as a Lecturer.

Career summary

Qualifications

  • PhD, University of Tasmania, Australia, 2005. Thesis: Mapping the Intersection of Intellectual Property Law and Competition Law: Misusing Market Power when Refusing to License Biotechnology Patents
  • Graduate Certificate in University Learning and Teaching, University of Tasmania, Australia, 2008
  • Graduate Certificate in Legal Practice, University of Tasmania, Australia, 1996
  • B Com /LLB (Hons), University of Tasmania, Australia, 1994

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 is primarily involved in coordinating and teaching a number of core and non-core Law units, including Torts, Competition Law and Intellectual Property Law. Jane was also involved in setting up and teaching Complementary Medicines in Contemporary Society. Jane also supervises a number of postgraduate students.

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.

Research Appointments

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

Research Invitations

  • ‘The Intellectual Property Landscape in Bioprinting’, invited speaker, International Conference on BioFabrication, October 2021 (online)
  • ‘Regulating Innovative Medical Technologies’, invited speaker, 14th Annual International Electromaterials Science Symposium, February 2020, Canberra
  • ‘Reforming the Regulatory Environment for Innovative Health Technologies’, invited speaker, 13th Australian Peptide Conference, September, 2019, Port Douglas
  • ‘Institutional and Other Arrangements: Impacts on Data Sharing’, invited presentation, Centre for Law and Genetics Data Sharing Workshop, Hobart, April 2019
  • ‘IP and Commercialisation’, invited speaker, The Centre for Law and Genetics 25th Anniversay Public Forum, April 2019, Hobart

‘Patentability and Bioprinting: Where to From Here?’, invited speaker, QUT Bioprinting Workshop, December 2017, Brisbane

View more on AssocProf Jane Nielsen in WARP

Expertise

    1  Jane’s research expertise lies in the areas of health and medical law and regulation, genomic data sharing, and issues pertaining to intellectual property protection of health innovation. Jane has undertaken a considerable amount of research in these areas, much of it funded by competitive grants, that has responded to and influenced important issues of health policy on both a national and international scale. Jane’s specific research projects include work on the return of raw genomic data to individuals, reforming the regulation of innovative health technologies, and the legal issues associated with genomic data sharing.

    2  Areas of Research Expertise

  • Intellectual Property Law, particularly Patent Law
  • Regulation of bioprinting
  • Health Regulation
  • Data Ownership
  • Tort Law
  • Competition Law

Collaboration

Jane partners with a number of organisations in undertaking various research projects in which she is currently involved. This includes:

  • The returning raw genomic data project: Zero Childhood Cancer, the Childrens’ Cancer Institute, Sydney Childrens’ Hospital, the Garvan Institute, International Cancer Genome Consortium, UNSW, Deakin University, PROFYLE (Canada)
  • Reforming the regulation of innovative health technologies: Sydney University
  • Genomic data sharing: Melbourne University, Sydney University, Deakin University

Jane has also worked with many other national and international collaborators during the course of her research career, including researchers from Australia, the United States, Canada, Europe and the United Kingdom.

Awards

Dean’s Commendation Award for an Outstanding Doctoral Thesis. (2005)

Current projects

  • Jane’s work on returning raw genomic data investigates legal and ethical obligations around the return of data to patients and research participants.
  • The project investigating the reform of innovative health technologies encompasses investigation of a broad array of regulatory mechanisms to determine whether there are better ways to regulate research, translation and delivery of new medical technologies.
  • The work on genomic data sharing encompasses a range of issues arising from the data sharing ecosystem, including institutional arrangements, protections, legal obligations, ethical issues and practical impediments.

Fields of Research

  • Public law (480799)
  • Intellectual property law (480603)
  • Innovation management (350705)

Research Objectives

  • Justice and the law (230499)
  • Industry policy (150505)
  • Technological and organisational innovation (150306)

Publications

Jane has published her research in a wide range of legal and scientific journals. A majority of Jane’s publications are written with collaborators on the research projects in which she is involved.

Total publications

71

Journal Article

(37 outputs)
YearCitationAltmetrics
2021Nielsen J, Eckstein L, Nicol D, Stewart C, 'Integrating public participation, transparency and accountability into governance of marketing authorisation for genome editing products', Frontiers in Political Science, 3 Article 747838. ISSN 2673-3145 (2021) [Refereed Article]

DOI: 10.3389/fpos.2021.747838 [eCite] [Details]

Co-authors: Eckstein L; Nicol D

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2021Nielsen J, Kaldor J, Irwin A, Stewart C, Nicol D, 'Bespoke regulation for bespoke medicine? A comparative analysis of bioprinting regulation in Europe, the USA and Australia', Journal of 3D Printing in Medicine pp. 1-13. ISSN 2059-4755 (2021) [Refereed Article]

DOI: 10.2217/3dp-2021-0011 [eCite] [Details]

Co-authors: Kaldor J; Irwin A; Nicol D

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2021Nielsen J, Nicol D, 'Must MTA' equate with delay'? Material Transfer Agreements and institutional processes in Australian biomedical research', Journal of Law and Information Science, 25, (2) pp. 89-115. ISSN 0729-1485 (2021) [Refereed Article]

[eCite] [Details]

Co-authors: Nicol D

2021Walker MJ, Nielsen J, Goddard E, Harris A, Hutchison K, 'Induced pluripotent stem cell-based systems for personalising epilepsy treatment: research ethics challenges and new insights for the ethics of personalised medicine', AJOB Neuroscience pp. 1-12. ISSN 2150-7740 (2021) [Refereed Article]

DOI: 10.1080/21507740.2021.1949404 [eCite] [Details]

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2020McWhirter R, Eckstein L, Chalmers D, Critchley C, Nielsen J, et al., 'A scenario-based methodology for analyzing the ethical, legal, and social issues in genomic data sharing', Journal of Empirical Research on Human Research Ethics, 15, (4) pp. 355-364. ISSN 1556-2654 (2020) [Refereed Article]

DOI: 10.1177/1556264620920460 [eCite] [Details]

Co-authors: McWhirter R; Eckstein L; Chalmers D; Critchley C; Otlowski M; Nicol D

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2020Nicol D, Chalmers D, Critchley C, Eckstein L, Nielsen J, et al., 'Australian perspectives on the ethical and regulatory considerations for responsible data sharing in response to the COVID-19 pandemic', Journal of Law and Medicine, 27, (4) pp. 829-838. ISSN 1320-159X (2020) [Refereed Article]

PMID: 32880401 [eCite] [Details]

Citations: Web of Science - 1

Co-authors: Nicol D; Chalmers D; Critchley C; Eckstein L; Otlowski M

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2020Nicol D, Joly Y, Kaye J, Knoppers B, Meslin EM, et al., 'Don Chalmers: His contributions to legal research and education, health law, and research ethics, locally and globally', Journal of Law and Medicine, 28 pp. 289-297. ISSN 1320-159X (2020) [Letter or Note in Journal]

[eCite] [Details]

Co-authors: Nicol D; Otlowski M; Warner K

2020Nicol D, Nielsen J, 'Humanity cannot afford a COVID‑19 patent battle', Australian Academy of Science, July ISSN 1031-9204 (2020) [Refereed Article]

[eCite] [Details]

Co-authors: Nicol D

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2020Stewart C, Kerridge I, Waldby C, Lipworth W, Munsie M, et al., 'Unconventional practice, 'innovative' interventions and the national law', Journal of Law and Medicine, 27, (3) pp. 574-589. ISSN 1320-159X (2020) [Refereed Article]

PMID: 32406622 [eCite] [Details]

Citations: Scopus - 1Web of Science - 1

Co-authors: Eckstein L; Kaldor J; Nicol D

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2019Nielsen J, Nicol D, 'The myriad litigation and genetic diagnostic testing in Australia', European Intellectual Property Review, 41, (3) ISSN 0142-0461 (2019) [Refereed Article]

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Co-authors: Nicol D

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2019Whitton TC, Nielsen J, Nicol D, 'Terms of engagement: transfer of biological materials for research in Australia', Journal of Law and Medicine, 27 pp. 338-354. ISSN 1320-159X (2019) [Refereed Article]

[eCite] [Details]

Co-authors: Whitton TC; Nicol D

2018Dreyfuss RC, Nielsen J, Nicol D, 'Patenting nature - a comparative perspective', Journal of Law and the Biosciences pp. 1-40. ISSN 2053-9711 (2018) [Refereed Article]

DOI: 10.1093/jlb/lsy021 [eCite] [Details]

Citations: Scopus - 5

Co-authors: Nicol D

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2018Eckstein L, Chalmers D, Critchley C, Jeanneret R, McWhirter R, et al., 'Australia: regulating genomic data sharing to promote public trust', Human Genetics, 137, (8) pp. 583-591. ISSN 1432-1203 (2018) [Refereed Article]

DOI: 10.1007/s00439-018-1914-z [eCite] [Details]

Citations: Scopus - 5Web of Science - 20

Co-authors: Eckstein L; Chalmers D; Critchley C; Jeanneret R; McWhirter R; Otlowski M; Nicol D

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2018Nicol D, Nielsen J, Dawkins V, 'D'Arcy v Myriad genetics: the impact of the high court's decision on the cost of genetic testing in Australia', Centre for Law and Genetics, (Occasional Paper No 9) pp. 1-101. ISSN 1445-2766 (2018) [Refereed Article]

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Co-authors: Nicol D; Dawkins V

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2018Nielsen J, Bubela T, Chalmers DRC, Johns A, Kahl L, et al., 'Provenance and risk in transfer of biological materials', PLOS Biology, 16, (8) Article e2006031. ISSN 1544-9173 (2018) [Refereed Article]

DOI: 10.1371/journal.pbio.2006031 [eCite] [Details]

Citations: Scopus - 2Web of Science - 4

Co-authors: Chalmers DRC; Liddicoat JE; McWhirter R; Scheibner J; Whitton T; Nicol D

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2017Abdussalam M, Nielsen J, 'Rethinking the standard for ascertaining the quantum of disgorgement in patent law contexts', Journal of Business Law, (5) pp. 413-435. ISSN 0021-9460 (2017) [Refereed Article]

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Co-authors: Abdussalam M

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2017Nicol D, Eckstein L, Morrison M, Sherkow JS, Otlowski M, et al., 'Key challenges in bringing CRISPR-mediated somatic cell therapy into the clinic', Genome Medicine, 9, (1) Article 85. ISSN 1756-994X (2017) [Contribution to Refereed Journal]

DOI: 10.1186/s13073-017-0475-4 [eCite] [Details]

Citations: Scopus - 10Web of Science - 9

Co-authors: Nicol D; Eckstein L; Otlowski M; Burdon KP; Chalmers D; Charlesworth J; Dickinson JL; Hewitt AW; Mackey DA; McWhirter RE

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2017Nielsen J, Griggs L, 'Allocating risk and liability for defective 3D printed products: product safety, negligence or something new?', Monash University Law Review, 42, (3) pp. 712-739. ISSN 0311-3140 (2017) [Refereed Article]

[eCite] [Details]

Citations: Web of Science - 2

Co-authors: Griggs L

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2017Nielsen J, Nicol D, 'Patent law and the march of technology - did the productivity commission get it right?', Australian Intellectual Property Journal, 28 pp. 4-22. ISSN 1038-1635 (2017) [Refereed Article]

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Co-authors: Nicol D

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2017Nielsen JL, Liddicoat JE, 'The multiple dimensions of intellectual property infringement in the 3D printing era', Australian Intellectual Property Journal, 27, (4) pp. 184-208. ISSN 1038-1635 (2017) [Refereed Article]

[eCite] [Details]

Citations: Web of Science - 2

Co-authors: Liddicoat JE

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2016Abdussalam M, Nielsen J, Nicol D, 'The superiority of the restitutionary model in computation of reasonable royalties for patent infringement: a comparative discussion', Intellectual Property Quarterly, (4) pp. 393-416. ISSN 1364-906X (2016) [Refereed Article]

[eCite] [Details]

Co-authors: Abdussalam M; Nicol D

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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]

Citations: Web of Science - 4

Co-authors: Nicol D

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2016Nielsen J, Nicol D, 'The legal vacuum surrounding access to gene-based research materials and data', Journal of Law and Medicine, 24 pp. 72-88. ISSN 1320-159X (2016) [Refereed Article]

[eCite] [Details]

Citations: Web of Science - 2

Co-authors: Nicol D

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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

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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

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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]

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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]

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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]

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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 - 2

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
2021Bowrey K, Handler M, Nicol D, Nielsen J, Weatherall K, 'Australian Intellectual Property: Commentary, Law and Practice', Oxford University Press, Australia, pp. 838. (2021) [Revision/New Edition]

[eCite] [Details]

Co-authors: Nicol D

2020Griggs L, Nielsen J, 'Australia', Kluwer Law International B.V., The Netherlands, pp. 134. ISBN 9789041133687 (2020) [Revision/New Edition]

[eCite] [Details]

Co-authors: Griggs L

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

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

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Chapter in Book

(5 outputs)
YearCitationAltmetrics
2021Nicol D, Nielsen J, 'The Regulatory Role of Patents in Innovative Health Research and Its Translation from the Laboratory to the Clinic', The Cambridge Handbook of Health Research Regulation, Cambridge University Press, G Laurie et al (ed), UK, pp. 139-147. ISBN 9781108620024 (2021) [Research Book Chapter]

DOI: 10.1017/9781108620024.018 [eCite] [Details]

Co-authors: Nicol D

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2019Nielsen J, Nicol D, 'The reform challenge: Australian patent law and the emergence of 3D printing', 3D Printing and Beyond: Intellectual Property and Regulation, Edward Elgar Publishing, D Mendis, M Lemley and M Rimmer (ed), Cheltenham, United Kingdom, pp. 325-346. ISBN 978 1 78643 404 3 (2019) [Research Book Chapter]

[eCite] [Details]

Co-authors: Nicol D

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2017Mendis D, Nielsen J, Nicol D, li P, 'The co-existence of copyright and patent laws to protect innovation: case study of 3D printing in UK and Australian Law', The Oxford Handbook of Law, Regulation and Technology, Oxford University Press, R Brownsword, E Scotford and K Yeung (ed), United Kingdom, pp. 451-476. ISBN 9780199680832 (2017) [Research Book Chapter]

DOI: 10.1093/oxfordhb/9780199680832.013.80 [eCite] [Details]

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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]

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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]

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Co-authors: Nicol D

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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

(15 outputs)
YearCitationAltmetrics
2017Nicol D, Nielsen J, Chalmers D, Whitton T, 'Comments on Draft R & D BluePrint MTA Tool', Centre for Law and Genetics, Hobart, Tasmania (2017) [Consultants Report]

[eCite] [Details]

Co-authors: Nicol D; Chalmers D

2016Alexander I, Bond C, Bowrey K, Burrell R, Handler M, et al., 'Australian Productivity Commission Inquiry into IP Arrangements', Productivity Commission, ACT, Australia (2016) [Consultants Report]

[eCite] [Details]

Co-authors: Nicol D

2015Nicol D, Nielsen J, 'Productivity Commission Issues Paper - Intellectual Property Arrangements', Productivity Commission, ACT, Australia (2015) [Consultants Report]

[eCite] [Details]

Co-authors: Nicol D

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]

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Co-authors: Nicol D

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

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Co-authors: Nicol D

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

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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]

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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

Other Public Output

(4 outputs)
YearCitationAltmetrics
2018Nicol D, Nielsen J, 'Why We Should Simplify Transfers Of Research Materials', Science trends, Science trends, Houston, Texas, 22 October 2018 (2018) [Magazine Article]

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Co-authors: Nicol D

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2018Nielsen J, Nicol D, Whitton TC, Chalmers D, 'My Way or the MTA: The Use of Material Transfer Agreements in Publicly Funded Research in Australia', Occasional Paper No 10, Centre for Law and Genetics, Hobart, Tasmania (2018) [Government or Industry Research]

[eCite] [Details]

Co-authors: Nicol D; Whitton TC; Chalmers D

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2014Nicol D, Nielsen J, Liddicoat J, Critchley C, Whitton T, 'The Innovation Pool in Biotechnology: The Role of Patents in Facilitating Innovation', Occasional paper 8, Centre for Law and Genetics, Hobart, Tasmania (2014) [Government or Industry Research]

DOI: 10.2139/ssrn.2503314 [eCite] [Details]

Co-authors: Nicol D; Liddicoat J; Critchley C; Whitton T

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2003Nicol D, Nielsen J, 'Patents and Medical Biotechnology: An Empirical Analysis of Issues Facing the Australian Industry', Occasional paper 6, Centre for Law and Genetics, Hobart, Tasmania (2003) [Government or Industry Research]

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Co-authors: Nicol D

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Grants & Funding

Jane and other members of the Centre for Law and Genetics have been successful in attracting significant competitive grant funding. Most recently, Jane has been a Chief Investigator on two ARC Discovery projects: ‘Reforming the Regulatory Environment for Innovative Health Technologies;, and ‘Genomic Data Sharing: Issues in Law, Ethics and Society’. These grants have provided a springboard for much of the work Jane and her team continue to undertake.

Jane is also lead CI on an MRFF-funded grant: ‘Patient Autonomy or Legal Minefield: Returning Raw Genomic Data’, which has generated additional international attention and opportunities for collaboration.

Funding Summary

Number of grants

8

Total funding

$2,408,012

Projects

Posthuman Genetic Legacies (2021)$21,100
Description
Posthuman Genetic Legacies is a practice-led research project that investigates avenues of producing an alternative (non-human) andongoing genetic legacy via biotechnological intervention. The study draws on established practices in biological art to consider the feminist potential of cell culture and genetic engineering technologies to acquire biological offspring when conventional reproductive pathways are compromised or traditional conceptions of motherhood are undesirable. The project also aims to test the proposition that posthuman and new materialist philosophies, that disrupt binary categorisation and a human centred perspective, may offer a conceptual space for rethinking the anguish of situational childlessness. Through a range of boundary-challenging artistic examinations, existing regulatory and ethical issues will be examined to highlight the legal frameworks that govern access to reproductive technologies as well as ownership, use and patenting of biological material.
Funding
Australian Network for Art and Technology ($21,100)
Scheme
Synapse
Administered By
University of Tasmania
Research Team
Kratz SJ; Sutherland BA; Hutmacher D; Nielsen JL
Year
2021
Assessment of Commonwealth, State and Territory legislation and regulations as it applies to the collection and use of health-related genomics information in the clinical and research setting (2020)$299,424
Description
The purpose of this Project is to undertake an assessment of the relevant Commonwealth, State and Territory legislation and regulations as it applies to the collection and use of health-related genomics information in the clinical and research settings, with a specific focus on current and emerging ethical, legal and social issues. This Project will deliver an evidence-based assessment of the relevant legislation and regulations and how these apply to the current and emerging ethical, legal and social issues identified, including any differences between jurisdictions. This project is intended to provide a high-level overview of the key issues and related legislative environment. It does not include development of recommendations or options to Government.
Funding
Department of Health (Cth) ($299,424)
Scheme
Contract Research
Administered By
University of Tasmania
Research Team
Nicol D; Chalmers DRC; Otlowski MFA; Nielsen JL; Eckstein LG; McWhirter R; Kaldor JC; Taylor M
Year
2020
Returning raw genomic data: patient autonomy or legal minefield? (2020 - 2022)$388,026
Description
This project will seek to answer the following question: Does the Australian legal framework provide sufficient clarity for clinicians, researchers, the public health system and those making requests, to deal with requests for the return of raw genomic sequence data to patients and research participants? It incorporates an interview-based component that will then be used to consider how requests for raw genomic data by patients and medical research participants are likely to be treated from a legal perspective. It will produce a set of recommendations and best practice protocols.
Funding
Medical Research Future Fund ($388,026)
Scheme
Grant-Genomics Health Futures Mission ELSI scheme
Administered By
University of Tasmania
Research Team
Nielsen JL; Otlowski MFA; McWhirter R
Period
2020 - 2022
Reforming the Regulatory Environment for Innovative Health Technologies (2018 - 2021)$628,576
Funding
Australian Research Council ($628,576)
Scheme
Grant-Discovery Projects
Administered By
University of Tasmania
Research Team
Nicol D; Nielsen JL; Eckstein LG; Stewart C
Period
2018 - 2021
Grant Reference
DP180101262
Genomic Data Sharing: Issues in Law, Research Ethics and Society (2018 - 2021)$614,454
Funding
Australian Research Council ($614,454)
Scheme
Grant-Discovery Projects
Administered By
University of Tasmania
Research Team
Nicol D; Otlowski MFA; Critchley C; Eckstein LG; Nielsen JL; Chalmers DRC
Period
2018 - 2021
Grant Reference
DP180100269
Genetic Diagnostic Testing - Impacts (2016 - 2017)$34,432
Description
To provide advice to IP Australia on whether a comprehensive economic analysis of the impact of the High Courts decision in DArcy v Myriad Genetics Inc on the cost of genetic testing in Australia, is warranted.
Funding
IP Australia ($34,432)
Scheme
Contract Research
Administered By
University of Tasmania
Research Team
Nicol D; Nielsen JL
Period
2016 - 2017
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 has supervised a number of HDR students who have completed postgraduate studies. Jane also has a number of current HDR students, many of whom undertake work associated with Jane’s current research projects.

Current

5

Completed

5

Current

DegreeTitleCommenced
PhDAustralian Designs Law and Virtual Designs2016
PhDPatenting Aspects of 3D Bioprinted Tissues and Organs: Proposing a legal framework2019
PhDThe Role of Data Access Committees and Research Ethics Committees in Setting the Boundaries of Genomic Data Sharing2019
PhDThe Intersection between Privacy and Trade Secret Rights: A Study of the Video Game Industry2020
PhDBiotechnology and the scope of patent protection2021

Completed

DegreeTitleCompleted
PhDPatenting Bioprinting: An ethical dilemma in the provision of accessible health technologies
Candidate: Olumayowa Olukorede Adesanya
2021
PhDAn Analysis of the Differential Approaches to Protecting Trade Secrets in the United States, the United Kingdom and Australia: A need for an international initiative?
Candidate: Suzana Nashkova
2021
PhDOpen Source Bioinformatics: The Intersection between Formal Intellectual Property Laws and User Generated Laws in the Scientific Research Commons
Candidate: James Scheibner
2019
PhDA Basic Economic Case for Reordering the Patent Market with Gain-based Remedies
Candidate: Moshood Agbolade Abdussalam
2017
PhDPatents for Pharmaceuticals and Access to Affordable Medicines: Towards an All-Encompassing Access Paradigm for Africa
Candidate: Olasupo Ayodeji Owoeye
2014