Web Access Research Portal

Researcher: Nicol, D (Professor Dianne Nicol)

Fields of Research

Law
Intellectual Property Law
Law and Legal Studies
Bioethics (human and animal)
Law and Society
Property Law (excl. Intellectual Property Law)
Health and Community Services
Medical Ethics
Human Rights Law
Genetics
Commercial and Contract Law
Cancer Genetics
Public Health and Health Services
Public Administration
Medical Genetics (excl. Cancer Genetics)
Legal Ethics
Animal Neurobiology
Access to Justice
Primary Health Care
Ethical Use of New Technology (e.g. Nanotechnology, Biotechnology)
Rural Sociology
Research, Science and Technology Policy
Professional Ethics (incl. police and research ethics)
Social and Community Psychology
Applied Ethics
Animal Breeding
Animal Management
Public Policy
Innovation and Technology Management
Industry Economics and Industrial Organisation

Research Objectives

Justice and the Law
Law Reform
Health
Expanding Knowledge in Psychology and Cognitive Sciences
Expanding Knowledge in Law and Legal Studies
Public Health (excl. Specific Population Health)
Law, Politics and Community Services
Technological and Organisational Innovation
Bioethics
Cancer and Related Disorders
Legislation, Civil and Criminal Codes
Health Inequalities
Rural Health
Aboriginal and Torres Strait Islander Health - Health Status and Outcomes
Health Education and Promotion
Behaviour and Health
International Relations
Legal Processes
Civil Justice
Industry Policy
Animal Welfare
Expanding Knowledge in Technology
Clinical Health (Organs, Diseases and Abnormal Conditions)
Health Policy Evaluation
Technological Ethics
Environmental Policy, Legislation and Standards
Industrial Organisations

Career Best Publications

Biobanks Information Paper 2010; Journal of Law and Information Science
Collaborative licensing in biotechnology: a survey of knowledge, experience, and attitudes in Australia; Biotechnology Law Report
Commercialisation of Biotechnology: Public Trust and Research; International Journal of Biotechnology
Implications of DNA patenting: reviewing the evidence; Journal of Law and Information Science
On the Legality of Gene Patents; Melbourne University Law Review
Patents and Medical Biotechnology: An Empirical Analysis of Issues Facing the Australian Industry; Centre for Law and Genetics Occasional Paper No. 6
Public trust, intellectual property and human genetic databanks: the need to take benefit sharing seriously; Journal of International Biotechnology Law
Regulatory Capitalism, Business Models and the Knowledge Economy; Regulatory Capitalism: How it Works, Ideas for Making it Work Better
The Australian Medical Biotechnology Industry and Access to Intellectual Property: Issues for Patent Law Development; The Sydney Law Review
Whither patent use without authorisation in Australia?; Federal Law Review

Research Publications

A basic economic case for reordering the patent market with gain-based legal remedies; Intellectual Property Quarterly
A review of the key issues associated with the commercialisation of biobanks; Journal of Law and the Biosciences
A role for research ethics committees in exchanges of human biospecimens through material transfer agreements; Journal of Bioethical Inquiry
A role for virtual biotechnology companies in drug discovery and development?; Journal of Commercial Biotechnology
An Invitation to Participate in an Inquiry: Assignment and Licensing of Biotechnology Patents; Journal of AusBiotech
Another missed opportunity to reform compulsory licensing and Crown use in Australia; Australian Intellectual Property Journal
Antarctic Bioprospecting, Benefit Sharing and Cooperation in Antarctic Science; Australian Antarctic Magazine
Are Patents for Methods of Medical Treatment Contrary to the Ordre Public and Morality or 'Generally Inconvenient'?; Journal of Medical Ethics
Are the Courts Solving the Emerging Challenges of Biotech Patents?; Emerging Challenges in Intellectual Property
Are the gene-patent storm clouds dissipating? A global snapshot; Nature Biotechnology
Australian Intellectual Property: Commentary, Law and Practice; Oxford University Press
Australian Intellectual Property: Commentary, Law and Practice; Oxford University Press
Australian Medical Biotechnology: Navigating a Complex Patent Landscape; European Intellectual Property Review
Balancing Access to Pharmaceuticals with Patent Rights; Monash Bioethics Review
Balancing Innovation and Access to Healthcare through the Patent System - An Australian Perspective; Community Genetics
Benefit sharing and biobanking in Australia; Public Understanding of Science
Beyond Open Source: Patents, Biobanks and Sharing; Comparative Issues in the Governance of Research Biobanks
Biobanks
Biobanks Information Paper 2010; Journal of Law and Information Science
Biomedical Patents: Innovation and Access, Trust and Mistrust; Human Biotechnology & Public Trust: Trends, Perceptions and Regulation
Biomedical Patents: Innovation and Access, Trust and Mistrust; Centre for Law and Australian Centre for Emerging Technologies and Society Symposium
Bioprospecting in areas outside national jurisdiction: Antarctica and the Southern Oceans; Melbourne Journal of International Law
Biotechnology Patents: The Issue of Access; Genetics Law Monitor
Body ownership and research; Journal of Law and Medicine
Capital, Trust and Consultation: Databanks and Regulation in Australia; Critical Public Health
Challenge to the Breast Cancer Gene Patents in the US; Ethics & Legal Area: Current Comments
Co-operative IP and Open Source Biotechnology Projects in Australia; Human Genetics Licensing Symposium
Collaborative licensing in biotechnology: a survey of knowledge, experience, and attitudes in Australia; Biotechnology Law Report
Commercialisation of Biotechnology: Public Trust and Research; International Journal of Biotechnology
Community Engagement for Big Epidemiology: Deliberative Democracy as a Tool; Journal of Personalized Medicine
Compensation for Compulsory Acquisition for Tasmania Gas Pipeline Project; Australian Resources & Energy Law Journal
Compulsory Licensing of Patents
Consent, Commercialisation and Benefit-sharing; Journal of Law and Medicine
Cooperative Intellectual Property in Biotechnology; SCRIPT-ed
Cooperative Intellectual Property Strategies in Biotechnology; Creating Commons: The Tasks Ahead in Unlocking IP
Cooperative Strategies for Facilitating Use of Patented Inventions in Biotechnology; Law in Context
Criminal Law and Practice of Papua New Guinea; Lawbook Company
Cross Cultural Issues in Balancing Patent Rights and Consumer Access to Biotechnological and Pharmaceutical Inventions; Cross-Cultural Biotechnology
Current Regulation of Human Gene Therapy in Australia; Today's Life Science
Current Regulation of Human Genetic Research in Australia; Doing the Decent Thing with Genes
Current Research: Project on the Legal and Ethical Aspects of Genetic Research in Australia; Journal of Law and Medicine
Direct-to-consumer genetic testing - a regulatory nightmare? Will the current framework protect consumers effectively?; Medical Journal of Australia
Do patents impede the provision of genetic tests in Australia?; Australian Health Review
Do patents promote innovation?; The Conversation
Do software patents inhibit open source licensing in Australia?; Australian Intellectual Property Journal
Electricity Supply Industry Amendment Act 2003; Australian Resources and Energy Law Journal
Embryo and Stem Cell Research - Australian Developments in Regulation; Dialogue and Promotion of Bioethics in Asia
Embryonic Stem Cell Research: Can the Law Balance Ethical, Scientific and Economic Values? (Part 1); Law and Human Genome Review
Embryonic stem cell research: can the law balance ethical, scientific and economic values? (Part II); Law and Human Genome Review
Emerging Challenges in Intellectual Property; Oxford University Press
Ethics and Governance of Stem Cell Banks; Stem Cell Banking: Concepts and Protocols
Ethics review for international data-intensive research; Science
Examining Legal and Ethical Implications of Genetics in Australia; Australian Health Law Bulletin
Exemptions to Patent Infringement
Exposure Draft Intellectual Property Laws Amendment (Raising the Bar) Bill 2011
Exposure Draft Intellectual Property Laws Amendment Bill 2014
For Myriad Genetics, the gene patent fight isn't over yet; The Conversation website
Gene patenting and human health: the ALRC's report on Genes and Ingenuity; Australia and New Zealand Trade Practices Law Bulletin
Gene Patenting and the OECD Guidelines for the Licensing of Genetic Inventions; Australian Health Law Bulletin
Gene Patents & Personalised Medicine; Ethics & Legal Area: Current Comments
Gene Patents - more evidence needed, but policymakers must act; Nature Biotechnology
Gene Patents and Access to Genetic Tests; Australian Health Law Bulletin
Genetic land-grab or reward for ingenuity? Australian court to rule on gene patents; The Conversation
Genetic Research and Commercialisation; Disputes and Dilemmas in Health Law
Genetic testing and protection of genetic privacy: A comparative legal analysis in Europe and Australia; Genomics and Bioethics: Interdisciplinary Perspectives, Technologies and Advancements
Genomics in research and health care with Aboriginal and Torres Strait Islander peoples; Monash Bioethics Review
Getting the Balance Right: Towards a Stronger and More Efficient IP Rights System
Has the biobank bubble burst? Withstanding the challenges for sustainable biobanking in the digital era; BMC Medical Ethics
Human Cloning and Stem Cell Research; Australian Health Law Bulletin
Human Gene Patents: Under whose Control?; The Medical Journal of Australia
Human genetic databanks in Australia: indications of inconsistency and confusion; New Genetics and Society
Human genetic research databases and biobanks: Towards uniform terminology and Australian best practice; Journal of Law and Medicine
Identifying public expectations of genetic biobanks; Public Understanding of Science
Implementing the TRIPS Protocol
Implementing values-based governance for a new bioresource model; Journal of Law and the Biosciences
Implications of DNA patenting: reviewing the evidence; Journal of Law and Information Science
Impressions on the Body, Property and Research; Persons, Parts and Property: How Should We Regulate Human Tissue in the 21st Century?
Inquiry into Gene Patents
Inquiry into Patent Amendment (Human Genes and Biological Materials) Bill 2010
Is there still a place for gene patents in Australia? Implications of recent United States and European case law; Journal of Law and Medicine
Journal of Law, Information and Science; Journal of Law and Information Science
Key challenges in bringing CRISPR-mediated somatic cell therapy into the clinic; Genome Medicine
Legal and ethical implications of human genetic research: Australian perspectives; Law and the Human Genome Review
Legal Aspects of the Human Genome Project; Australasian Law Teachers' Association Conference. Proceedings of the 49th Conference
Legislating to exclude gene patents: difficult and unhelpful, or useful and feasible?; Journal of Law and Information Science
Legitimacy of patenting genes - after thirty years do we have a definitive answer?; Rouche institute website
Legitimacy of patenting genes - after thirty years do we have a definitive answer?
Maree Sainsbury: Moral Rights and their Application in Australia; Journal of Law and Information Science
Marking Shifts in Human Research Ethics in the Development of Biobanking; Public Health Ethics
Media Regulation in Australia; Precedent
Mining and Gas Amending Legislation; Australian Resources and Energy Law Journal
More from the United States on patenting of biotechnology inventions and the potential impact on Australia; Intellectual Property Law Bulletin
Myriad Genetics and the remaining uncertainty for biotechnology inventions; Intellectual Property and Genetically Modified Organisms: A Convergence in Laws
Myriad Genetics and the remaining uncertainty for biotechnology inventions; Intellectual Property and Genetically Modified Organisms: A Convergence in Laws
Navigating the molecular diagnostic patent landscape; Expert Opinion on Therapeutic Patents
New avenues within community engagement: addressing the ingenuity gap in our approach to health research and future provision of health care; Journal of Responsible Innovation
Non-Consensual Genetic Testing
On the Legality of Gene Patents; Melbourne University Law Review
Opening the dam: patent pools, innovation and access to essential medicines; Incentives for Global Public Health: Patent Law and Access to Essential Medicines
Origin Energy Resources Ltd v Benaris International NV & Anor; Australian Resources and Energy Law Journal
Patent landscaping for life sciences innovation: toward consistent and transparent practices; Nature Biotechnology
Patent Licensing in Medical Biotechnology in Australia: A Role for Collaborative Licensing Strategies; Centre for Law and Genetics
Patentable Subject Matter Issue Paper
Patentable Subject Matter Options Paper
Patents
Patents and Access to Drugs; Regulating the New Frontiers: Legal Issues in Biotechnology Symposium
Patents and Access to Genetic Tests; Centre for Law and Genetics
Patents and Medical Biotechnology: An Empirical Analysis of Issues Facing the Australian Industry; Centre for Law and Genetics Occasional Paper No. 6
Paul McGinness: Intellectual Property. Commercialisation - A Business Manager's Companion; Journal of Law and Information Science
Personalised medicine in the genome era; Journal of Law and Medicine
Pharmaceutical Patents and Developing Countries: The Conundrum of Access and Incentive; Australian Intellectual Property Journal
Pharmaceutical Patents Review
Pharmacogenetic Testing: Legal Considerations for Consent, Privacy and Disclosure; Personalized Medicine
Precision medicine: drowning in a regulatory soup?; Journal of Law and the Biosciences
Predicting intention to biobank: a national survey; European Journal of Public Health
Property in human tissue and the right of commercialisation: The interface between tangible and intellectual property; Monash University Law Review
Protecting Human Genetic Information in Australia: Processes and Outcomes for Public Consultation; Genomics and Society: towards a socially robust science?
Protection of Genetic Data in Medical Genetics: A Legal Analysis in the European Context; Law and the Human Genome Review
Public reaction to direct-to-consumer online genetic tests: Comparing attitudes, trust and intentions across commercial and conventional providers; Public Understanding of Science
Public trust, intellectual property and human genetic databanks: the need to take benefit sharing seriously; Journal of International Biotechnology Law
Re-evaluating False Patent Marking in Australia; Journal of Law, Information and Science
Recent decisions from the United States and Europe on patenting of biotechnology inventions and their potential impact on Australia; Australian Intellectual Property Law Bulletin
Regulating Biomedical Advances: Embryonic Stem Cell Research; Macquarie Law Journal
Regulatory Capitalism, Business Models and the Knowledge Economy; Regulatory Capitalism: How it Works, Ideas for Making it Work Better
response to the IP Australia Patentable Subject Matter Consultation Paper on an Objects Clause and Exclusion from Patentability
Review Article: Lisa Parker and Rachel Ankeny (eds), Mutating Concepts, Evolving Disciplines: Genetics, Medicine and Society
Review of Privacy in Response to Discussion Paper 72
Review of Privacy in Response to Issue Paper 31
Sharing the Burden in Australian Drug Discovery and Development: Collaborative Trends in Translational Research; Intellectual Property Quarterly
Should Human Genes be Patentable Inventions under Australian Patent Law?; Journal of Law and Medicine
Standards for biobank access and intellectual property; Intellectual Property and Emerging Technologies - The New Biology
Stem cells and regenerative medicine: From research to clinical applications; Journal of Law and Medicine
Strategies for Dissemination of University Knowledge; Health Law Journal
Streamlining ethical review of data intensive research: Unfounded concerns about local liability should not delay urgent reform; BMJ
Strong patent rights, weak patent standards and innovation in biomedicine; Intellectual Property Policy Reform
Submission on Tasmanian Biotechnology Strategy: Issues and Discussion Paper
Submission on the Australian Law Reform Commission Inquiry - Gene Patenting and Human Health
Submission on the Inquiry into the Privacy Act 1988 (Cth)
Submission on the Review of the National Statement on Ethical Conduct in Research Involving Humans: First Consultation Draft
Submission on the Review of the Tasmanian Human Genetic Research Regulation Act 2003 and the Human Cloning and other Prohibited Practices Act 2003 Issues Paper
Submission to the Advisory Council on Intellectual Property Inquiry Patents and Experimental Use
Submission to the Australian Health Ministers' Advisory Council on the National Health Privacy Code (Draft) Consultation Paper
Submission to the Inquiry into the Protection of Human Genetic Information
Submission to the Inquiry into the Protection of Human Genetic Information Issues Paper
Submission to the OECD on the Draft Guidelines for Human Biobanks and Genetic Research Databases
Submission to the Tasmanian Department of Justice on the State/Territory Proposal for Uniform Defamation Laws on behalf of the Tasmanian Law Reform Institute
Submission: Review of the National Statement on Ethical Conduct in Research - Second Consultation
Supplementary Submission to the Australian Law Reform Commission Public Inquiry - Gene Patenting and Human Health
Tasmania's Entry into the National Electricity Market; Australian Resources & Energy Law Journal
Tasmanian Natural Gas Project; Australian Mining & Petroleum Law Journal
The Australian Medical Biotechnology Industry and Access to Intellectual Property: Issues for Patent Law Development; The Sydney Law Review
The BRCA patent controversies: an international review of patent disputes; Breast Cancer Gene Research and Medical Practices: Transnational perspectives in the time of BRCA
The ethics of genome editing in the clinic: A dose of realism for healthcare leaders; Healthcare Management Forum
The Golden Path from the Ivory Tower of Academic Science; Australian Review of Public Affairs
The grant of interlocutory injunctions in defamation cases in Australia following the decision in Australian Broadcasting Corporation v O'Neill; University of Tasmania Law Review
The impact of commercialisation and genetic data sharing arrangements on public trust and the intention to participate in biobank research; Public Health Genomics
The Impact of Gene Patenting on Traditional Research Practices; Issues Magazine
The Impact of Patents on Medical Biotechnology; Encyclopaedia of Life Support Systems
The Impact of Patents on the Delivery of Genetic Tests in Australia; Today's Life Science
The Innovation Pool in Biotechnology: the Role of Patents in Facilitating Innovation, Occasional Paper No.8; Centre for Law and Genetics, University of Tasmania
The legal vacuum surrounding access to gene-based research materials and data; Journal of Law and Medicine
The NHMRC Biobanks Information Paper (2010): an overview; Australian Health Law Bulletin
The Regulatory Framework for Protection of Genetic Privacy in Australia; Genetic Privacy: An Evaluation of the Ethical and Legal Landscape
The superiority of the restitutionary model in computation of reasonable royalties for patent infringement: a comparative discussion; Intellectual Property Quarterly
The UK's Cloning Laws: A View from the Antipodes; eLaw Journal
Three dimensions of patent infringement: liability for creation and distribtion of CAD files; Australian Intellectual Property Journal
Time to get serious about privacy policies: The special case of genetic privacy; Federal Law Review
Tissue Donations and Patents; A Symposium presented by the Centre for Law and Genetics
To share or not to share is the question; Applied and Translational Genomics
Top US court blocks patents on breast cancer genes; The Conversation
Trends in Australian Owned Biotechnology Patent Licensing and Issues for Patent and Competition Law Development; AusBiotech 2002 National Biotechnology Conference & Investment Forum
Trust Benefit Sharing and Human Genetic Databanking; ESRC Genomics Network Newsletter
Trust, Patents and Public Perceptions: The Governance of Controversial Biotechnology Research; Nature Biotechnology
Understanding public reactions to commercialization of biobanks and use of biobank resources; Social Science & Medicine
Understanding the impact of commercialization on public support for scientific research: Is it about the funding source or the organization conducting the research?; Public Understanding of Science
Using TRIPS flexibilities to facilitate access to medicines; Bulletin of the World Health Organization
What Benefit Sharing Arrangements do People Want from Biobanks? A Survey of Public Opinion in Australia; Principles and Practice in Biobank Governance
Whither patent use without authorisation in Australia?; Federal Law Review

Research Projects

Biotechnology Patent Licensing in Australia: A Preliminary Study; University of Tasmania (UTAS)
Co-operative IP Management and Technology Transfer in the Australian Biotechnology Industry; Australian Research Council (ARC)
Developing a Multidisciplinary International Research Network Focussed on Maximizing the Social and Health Benefits to Australia of Human Genetic Technologies; Australian Research Council (ARC)
Ensuring the utility and sustainability of tissue banks: Supporting translational research in Australia through informed regulation and community engagement; National Health & Medical Research Council (NHMRC)
Expand the Capacity of an International Multidisciplinary Research Network Focussed on the Ethical, Legal and Social Implications of Emerging Biotechnologies; Australian Research Council (ARC)
Facilitation and Regulation of Research and Development Involving Human Genetic Databanks; Australian Research Council (ARC)
Legal and Ethical Regulation of the Use and Commercialisation of Human Biological Material; Australian Research Council (ARC)
Material Transfer Agreements and Open Science in the Genome Era; Australian Research Council (ARC)
Morphology and Connectivity of Neurons within the Central Nervous System in the Larva of the Ascidian Ciona Intestinalis, using Serial Electron Microsco; Australian Research Council (ARC)
The Age of Personalized Medicine: Regulatory Challenges for Australia; Australian Research Council (ARC)
The Innovation Pool in Australian Biotechnology: Assessing Optimal Strategies for Fostering Innovation through Patenting and Patent Pooling; Australian Research Council (ARC)
An Information Paper on the Management and Governance of Biobanks in Australia
Genetic Diagnostic Testing - Impacts
Review of Education and Training Grants Program

Research Candidate Supervision

A Comparative Analysis of the Medico-legal and Ethical Issues Associated with Embryonic Stem Cell Research in Australia and Malaysia
A Critical Analysis of EC - Biotech- The Panel's Approach to Other Rules of International Law and the Application of the SPS Agreement
A Twitch upon a Thread- Regulation of Human Tissue use in Australia and the Application of Property Law
An Historical and Contemporaneous Analysis of Patenting of Methods of Medical Treatment of Human Beings in Australia and Overseas
Boundaries of Patent Infringement Law
Copyright Protection in an Online Worlk[Dd- How can Creative Industries Survive?
Cyborg Law- Legal Implications of Human-Machine Integration
Dissecting the Software Patent Problem- An Argument Against Patentability based on the Relationship between Software and Mathematics
Dog Breeding in Australia- A Case Study in Compliance and the Role of Regulation in Ensuring Genetic Canine Health
Further study in international and domestic patent law.
Gene Technology, Risk, Regulation and Communication
Group Resource Rights and the Protection of Indigenous Knowledge Systems in International Law
IP and bioprospecting
Malaysia and Australia- Comparing GMO Regulations, Abiding Into Agreements and the Cartagena Protocol
Mapping the Intersection of Intellectual Property and Competition Law- Misusing Market Power when Refusing to License Biomedical Patents
Patents for Pharmaceuticals and Access to Affordable Medicines- Towards an All-Encompassing Access Paradigm for Africa
Reconciling Patents as 'Personal Property' with Compulsory Licences
Regulating DTC Genetic Testing in Australia
Regulatory Requirements for Consumer Protection in Direct to Consumer Genetic Testing
Sub-Saharan Hunger as an Emerging Intellectual Property Right of Corporations in Developed Countries- Law and Economics of Options in Policy and Regualtion on Biotechnological Patents and Right to Development
Using Wastewater Analysis to Measure the Prevalence of Prison Drug Use and the Effectiveness of Prison Drug Use Supply Reduction Strategies
Vaulting Ambition- The Case Against Universal Criminal Jurisdiction