Web Access Research Portal

Researcher: Nielsen, JL (Associate Professor Jane Nielsen)

Fields of Research

Public law
Intellectual property law
Law, science and technology
Medical and health law
Commercial law
Privacy and data rights
Fine arts
Tort law
Law and society and socio-legal research
Innovation management
Ethical use of new technology
Sociology of health
Social psychology
Industry economics and industrial organisation
Cell development, proliferation and death

Research Objectives

Justice and the law
Law reform
Other law, politics and community services
Legislation, civil and criminal codes
Expanding knowledge in law and legal studies
The creative arts
Legal processes
Structure, delivery and resourcing
Diagnosis of human diseases and conditions
Expanding knowledge in the biological sciences
Technological and organisational innovation
Technological ethics
Industry policy
Expanding knowledge in human society
Expanding knowledge in psychology

Career Best Publications

Research Publications

A scenario-based methodology for analyzing the ethical, legal, and social issues in genomic data sharing; Journal of Empirical Research on Human Research Ethics
Administrative Procedure
Allocating risk and liability for defective 3D printed products: product safety, negligence or something new?; Monash University Law Review
An ethico-legal assessment of intellectual property rights and their effect on COVID-19 vaccine distribution: an Australian case study; Journal of Law and the Biosciences
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
Australia; Kluwer Law International B.V.
Australia: regulating genomic data sharing to promote public trust; Human Genetics
Australian Intellectual Property: Commentary, Law and Practice; Oxford University Press
Australian Medical Biotechnology: Navigating a Complex Patent Landscape; European Intellectual Property Review
Australian perspectives on the ethical and regulatory considerations for responsible data sharing in response to the COVID-19 pandemic; Journal of Law and Medicine
Australian Productivity Commission Inquiry into IP Arrangements
Bespoke regulation for bespoke medicine? A comparative analysis of bioprinting regulation in Europe, the USA and Australia; Journal of 3D Printing in Medicine
Biomedical innovation: How compulsory is competition?; Australian Business Law Review
Biotechnology Patent Licensing Agreements and Anti-Competitive Conduct; Regulating the New Frontiers: Legal Issues in Bioetechnology
Biotechnology Patents: The Issue of Access; Genetics Law Monitor
Book Review: Competition Law and Patents: A Follow-on Innovation Perspective in the Biopharmaceutical Industry; Competition and Consumer Law Journal
Comments on Draft R & D BluePrint MTA Tool
Competition Law and Intellectual Property: Establishing a Coherent Approach; Emerging Challenges in Intellectual Property
Competition Law in Australia; Kluwer Law International B.V.
Competition Law in Australia; Kluwer Law International
Compulsory Licensing of Patents
Don Chalmers: His contributions to legal research and education, health law, and research ethics, locally and globally; Journal of Law and Medicine
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
Essentially Ours: Assessing the Regulation of the Collection and Use of Health-related Genomic Information; University of Tasmania
Exemptions to Patent Infringement
Exposure Draft Intellectual Property Laws Amendment Bill 2014
Gene patenting and human health: the ALRC's report on Genes and Ingenuity; Australia and New Zealand Trade Practices Law Bulletin
Humanity cannot afford a COVID‑19 patent battle; Australian Academy of Science
Implementing the TRIPS Protocol
Induced pluripotent stem cell-based systems for personalising epilepsy treatment: research ethics challenges and new insights for the ethics of personalised medicine; AJOB Neuroscience
Innovation in medical biotechnology: Mapping the intersection of intellectual property and competition law; Australian Business Law Review
Inquiry into Gene Patents
Inquiry into Patent Amendment (Human Genes and Biological Materials) Bill 2010
Integrating public participation, transparency and accountability into governance of marketing authorisation for genome editing products; Frontiers in Political Science
Key challenges in bringing CRISPR-mediated somatic cell therapy into the clinic; Genome Medicine
Mapping the Intersection of Intellectual Property and Competition Law
Must ‘MTA’ equate with ‘delay’? Material Transfer Agreements and institutional processes in Australian biomedical research; Journal of Law and Information Science
My Way or the MTA: The Use of Material Transfer Agreements in Publicly Funded Research in Australia
Non-Invasive Prenatal Testing and the Resilience of the Patent System; Patenting Biotechnical Innovation
Opening the dam: patent pools, innovation and access to essential medicines; Incentives for Global Public Health: Patent Law and Access to Essential Medicines
Patent law and the march of technology – did the productivity commission get it right?; Australian Intellectual Property Journal
Patentable Subject Matter Issue Paper
Patentable Subject Matter Options Paper
Patenting nature - a comparative perspective; Journal of Law and the Biosciences
Patents and Medical Biotechnology: An Empirical Analysis of Issues Facing the Australian Industry
Pharmaceutical Patents and Developing Countries: The Conundrum of Access and Incentive; Australian Intellectual Property Journal
Productivity Commission Issues Paper - Intellectual Property Arrangements
Provenance and risk in transfer of biological materials; PLOS Biology
Public Review of Competition Law: Competition Policy Review
Reach-Through Rights in Biomedical Patent Licensing: A Comparative Analysis of their Anti-Competitive Reach; Federal Law Review
Rethinking the standard for ascertaining the quantum of disgorgement in patent law contexts; Journal of Business Law
Returning raw genomic data: rights of research participants and obligations of health care professionals; Medical journal of Australia
Sharing the Burden in Australian Drug Discovery and Development: Collaborative Trends in Translational Research; Intellectual Property Quarterly
Submission on the Australian Law Reform Commission Inquiry - Gene Patenting and Human Health
Submission to the Advisory Council on Intellectual Property Inquiry Patents and Experimental Use
Supplementary Submission to the Australian Law Reform Commission Public Inquiry - Gene Patenting and Human Health
Terms of engagement: transfer of biological materials for research in Australia; Journal of Law and Medicine
The myriad litigation and genetic diagnostic testing in Australia; European Intellectual Property Review
The Application of the Prohibitions
The Australian Medical Biotechnology Industry and Access to Intellectual Property: Issues for Patent Law Development; The Sydney Law Review
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
The Impact of Patents on Medical Biotechnology; Encyclopaedia of Life Support Systems
The Innovation Pool in Biotechnology: The Role of Patents in Facilitating Innovation
The legal vacuum surrounding access to gene-based research materials and data; Journal of Law and Medicine
The multiple dimensions of intellectual property infringement in the 3D printing era; Australian Intellectual Property Journal
The reform challenge: Australian patent law and the emergence of 3D printing; 3D Printing and Beyond: Intellectual Property and Regulation
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
The Structure of Antitrust Law and Its Enforcement
The superiority of the restitutionary model in computation of reasonable royalties for patent infringement: a comparative discussion; Intellectual Property Quarterly
Three dimensions of patent infringement: liability for creation and distribtion of CAD files; Australian Intellectual Property Journal
Trends in Australian Owned Biotechnology Patent Licensing and Issues for Patent and Competition Law Development; AusBiotech 2002 National Biotechnology Conference & Investment Forum
Unconventional practice, 'innovative' interventions and the national law; Journal of Law and Medicine
Whither patent use without authorisation in Australia?; Federal Law Review
Why We Should Simplify Transfers Of Research Materials

Research Projects

Delivering on the Commercial Promise of 3D Printing: Identifying Legal Barriers; University of Tasmania (UTAS)
Genomic Data Sharing: Issues in Law, Research Ethics and Society; Australian Research Council (ARC)
Posthuman Genetic Legacies; Australian Network for Art and Technology (ANAT)
Reforming the Regulatory Environment for Innovative Health Technologies; Australian Research Council (ARC)
Returning raw genomic data: patient autonomy or legal minefield?; Medical Research Future Fund (MRFF)
The Innovation Pool in Australian Biotechnology: Assessing Optimal Strategies for Fostering Innovation through Patenting and Patent Pooling; Australian Research Council (ARC)
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
Genetic Diagnostic Testing - Impacts

Research Candidate Supervision

Patents for Pharmaceuticals and Access to Affordable Medicines- Towards an All-Encompassing Access Paradigm for Africa
Reconciling Patents as 'Personal Property' with Compulsory Licences