Career Summary
I am currently employed on a part-time (50%) basis at the Law School. After graduating with a law degree, I worked for AMP collating and maintaining its capital gains tax database in London. I was admitted as a barrister and solicitor of the Supreme Court of Tasmania and the High Court in 1997. I practised Law with Dobson Mitchell and Allport for 3 ˝ years, mainly in the areas of civil and commercial litigation. I returned to academia and commenced postgraduate study at the Law School in 2000, and was awarded a PhD in 2005. I was involved in teaching and research activities at the Law School while I completed my studies, and was appointed a permanent lecturer in 2007.
Units Taught
Law 224 Torts B
Law 604 Competition Law
Law Bridging Seminars
Research Interests
My main research interest lies in the competition law field. My research to date has centred on investigating the interaction between intellectual property and competition law, particularly in the genetics and biomedical spheres. My PhD thesis was entitled ‘Mapping the Intersection of Intellectual Property and Competition Law: Misusing Market Power when Refusing to License Biomedical Patents’. I also have a keen interest in issues associated with facilitating access to patented medicines in developing countries, particularly compulsory licensing.
I continue to concentrate on these broad areas, and my current focus is on patent pooling arrangements within biomedicine. I am in the process of investigating this issue from the Australian perspective with Associate Professor Dianne Nicol and a number of international scholars on an ARC funded project. I am also investigating the potential of patent pools in alleviating issues associated with access to essential medicines. I have been involved in a number of submissions to government inquiries within the patenting and competition law areas.
Teaching
I have taught a variety of subjects since commencing postgraduate study at the Law School in 2000. At present, I am primarily involved in teaching Competition Law and Torts. I also co-ordinate a series of Bridging seminars for straight law students entering law studies.
Selected Publications:- J Nielsen, 2007, 'Innovation in medical biotechnology: Mapping the intersection of intellectual property and competition law', Australian Business Law Review,, 35, pgs. 407-433
- Nielsen J. and Nicol D., 2008, '"Whither Patent Use Without Authorisation in Australia"', Federal Law Review 333, 36(3)
- D Nicol and J Nielsen, 2001, 'The Australian Medical Biotechnology Industry and Access to Intellectual Property: Issues for Patent Law Development', Sydney Law Review, 23, pgs. 347
- D Nicol and J Nielsen , 2003, 'Patents and Medical Biotechnology: An Empirical Analysis of Issues Facing the Australian Industry', Centre for Law and Genetics , Occasional Paper No 6
- J Nielsen, 2004, 'Reach-Through Rights in Biomedical Patent Licensing: A Comparative Analysis of their Anti-Competitive Reach', Federal Law Review , 32, pgs. 169
- D Nicol and J Nielsen , 2005, 'Australian Medical Biotechnology: Navigating a Complex Patent Landscape', European Intellectual Property Review, 27, pgs. 313-318
- D Nicol and J Nielsen, 2006, 'The Impact of Patents on Medical Biotechnology', Encyclopedia of Life Support Systems, pgs. 1-15
Full Publication List
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