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Nottingham Law Journal NOTTINGHAM LAW JOURNAL VOL. 27(1) 2018 General Editor Dr Janice Denoncourt, BA (McGill), LLB (W.Aust.), LLM (Murdoch), LLM (Bournemouth), PhD (Nottingham), SFHEA Deputy Editor Dr Helen Hall, BA (Cantab), MA (Cantab), BA (Dunelm), MA (Dunelm), PhD (Cardiff) Associate Editors Dr David Barrett, LLB (Leic), LLM (Edin), PhD (Bris) Dr Daniel Gough, (LLB (Birm C), LLM (Birm C), PhD (M3C/Birm C) Advisory Board The Rt Hon the Lord Saville of Newdigate The Rt Hon Sir Philip Otton Judge Boštjan Zupancˇicˇ, the European Court of Human Rights Prof Conor Gearty, London School of Economics Prof Mark Findlay, University of Sydney Prof Geraint Howells, University of Manchester Mr Jonathan Griffiths, Queen Mary, University of London Prof Robert G. Lee, University of Birmingham Prof Martin Hunter, Essex Court Chambers & Nottingham Mr Christopher Muttukumaru, Director of Legal Law School Services, Department of Transport Mr Roger Leng, University of Warwick Prof Emeritus John Peysner, University of Lincoln Prof Gary Watt, University of Warwick Prof Mary Seneviratne, Nottingham Law School Prof Barry Rider, University of Cambridge Dr Marc S. Stauch, Leibnitz University, Hannover Mr Paul Smith, Partner, Eversheds Sutherland LLP Prof Adrian Walters, Nottingham Law School and Dr John Snape, University of Warwick Chicago Kent College of Law Prof Kim Stevenson, University of Plymouth Prof George A. Sarpong, former Director Ghana Prof Christian Twigg- Flesner, University of Warwick School of Law Prof Stephen Weatherill, University of Oxford Mr Chuka Agbu, Lexavier Partners, Nigeria Administrative Assistant Miss Kerri Gilbert The Nottingham Law Journal is an independently refereed and indexed (Hein Online) journal, normally published in Summer each year. Contributions of articles, case notes and book reviews to the Journal are welcomed. Intending contributors are invited to contact the Editor for a copy of the style sheet, which gives details of the format which submissions must follow. Submissions and enquiries should be addressed to the new Editor for academic year 2018–2019: Dr Helen Hall, Nottingham Trent University, 50 Shakespeare Street, Nottingham, NG1 4FQ. Telephone 0115 848 2130. Dr Hall may be contacted on the following e-mail addresses: [email protected]. Style notes and further details about the Journal are available on request. Intending subscribers should please contact Miss Kerri Gilbert at the above address. Intending subscribers in North America are advised to contact Wm W Gaunt & Sons. Inc, Gaunt Building, 3011 Gulf Drive, Holmes Beach, Florida 3417 2199. The citation for this issue is (2018) 27(1) Nott L J. ISSN No. 0965–0660 The Nottingham Law Journal embraces open access. All the original articles and review papers published in this journal are free to access immediately from the date of publication. There is no charge or fees for any reader to download articles and reviews for their own scholarly use. The Nottingham Law Journal also operates under the Creative Commons Licence CC-BY-NC. This allows for the reproduction of articles, free of charge, for non-commercial use only and with the appropriate citation information. All authors publishing with the NLJ accept these as the terms of publication. The copyright literary content of all articles remains with the designated author of the article. Authors are free to upload the accepted manuscripts or post-publication articles to their institutional repository. Copyright of the layout and design of the NLJ articles remains with the Nottingham Law Journal and cannot be used in other publications. NOTTINGHAM LAW JOURNAL VOL. 27(1) 2018 CONTENTS v EDITORIAL Janice Denoncourt THEMATIC ARTICLES: INTELLECTUAL PROPERTY RIGHTS LAW EDUCATION 1 Introduction Janice Denoncourt 3 Experimenting with Gamification in Legal Higher Education: A Thousand Intellectual Property Rights Sabine Jacques 13 Embedding Intellectual Property Law in Dutch and British Universities: Inventor Johann Lippershey and his Telescope Joe Sekhon and Peter Van Dongen 28 30 Years of Intellectual Property Law Education Ruth Soetendorp OTHER ARTICLES 46 The Termination of Real Property Interests by Frustration under English Law Mark Pawlowski and James Brown 64 Constitutional Practices and British Crown Dependencies Revisited: A Case- Study in Implementing Reform by Administrative Guidance Philip Morris 83 Estoppel by Negligence: Demystification of an Unsettled and Underdeveloped Concept in Commercial Law Gordon Chung CASE NOTES 97 R (on the application of Black) v Secretary of State for Justice [2017] UKSC 81 Martin Kwan 103 TV reality shows and the balance between privacy and public interest broadcasting Ali v Channel 5 Broadcast Ltd [2018] EWHC 298 Steve Foster iii BOOK REVIEWS 111 Ken Yin and Anibeth Desierto, Legal Problem Solving and Syllogistic Analysis Pamela Henderson 114 Dr. Vasileios Adamidis, Character Evidence in the Courts of Classical Athens Graham Ferris 118 Recognising the Difference between Data Protection and Privacy Rights: Maria Tzanou, The Fundamental Right to Data Protection Mobeen Shah NLS STUDENT ESSAY PRIZE 127 Copyright in Tattoos – Stretching the Definition of Art? Alexander Lucas iv NOTTINGHAM LAW JOURNAL VOL. 27(1) 2018 EDITORIAL I am delighted to introduce Volume 27(1) of the Nottingham Law Journal, an independ- ent peer- reviewed and indexed academic journal that has published annually for over 40 years, one of the oldest law journals in the United Kingdom. The journal embraces critical legal thinking and underpins Nottingham Law School’s proud history of excel- lence in legal education, scholarship and research. This edition features a series of thematically linked articles in support of intellectual property law (IP) education and research. The contributions emanate from the 10th Anniversary European Intellectual Property Teachers Network (EIPTN) Conference, beautifully hosted by Jr. Dr. Ulrike Wennersten at the vibrant School of Economics, Lund University in Sweden on 29–30 June 2017 which I had the pleasure of co- convening and chairing. We present articles by the joint winners of the Routledge Best Presentation Prize. There is also a very special contribution from world- renowned IP educator Professor Emerita Ruth Soetendorp. Newer to the IP law field is our own PhD candidate Mobeen Shah and her review of Maria Tzanou’s monograph, The Fundamental Right to Data Protection: Normative Value in the Context of Counter- Terrorism Surveillance. Congratulations to Nottingham Law School LLB student Alexander Lucas, who won the Student Essay Prize on a copyright law topic. The theme of the 2018 World Intellectual Property Day is ‘Powering change: Women in innovation and creativity’ and I am proud to publish work by so many female authors in this edition. In addition, this volume features a broader selection of other topical articles, case notes, critical commentary addressing issues of contemporary legal significance and several book reviews. Professor Mark Pawlowski and James Brown focus on tangible property in their piece ‘The Termination of Real Property Interests by Frustration under English Law’. Independent researcher Philip Morris considers reforms to consti- tutional practices and British Crown Dependencies. Gordon Chung demystifies estoppel by negligence, an underdeveloped concept in commercial law. We have a book review of Dr Vasileios Adamidis’ research monograph, Character Evidence in the Courts of Classical Athens which has been nominated for two prizes, the SLS Peter Birks Prize for Outstanding Legal Scholarship and the International Sociological Association Research Committee on the Sociology of Law (ISA RCSL) Podgòorecki Prize. This year we will also produce volume 27(2) arising from the School’s high profile Centre for Legal Education’s conferences held in 2015 and 2017. This will comprise a special legal education edition jointly edited by my colleagues Professor Jane Ching and Pamela Henderson. Finally, since joining the editorial team eight years ago in 2010 as Book Review Editor, this is my last edition as Editor. Dr Helen Hall will take over for the rest of 2018 and beyond. My sincere gratitude to all the contributors, reviewers, subscribers and readers of the Nottingham Law Journal. Particular thanks to my small but able team of editors and finally, thanks to our administrative assistant Kerri Gilbert. DR JANICE DENONCOURT v NOTTINGHAM LAW JOURNAL VOL. 27(1) 2018 ARTICLES The address for submission of articles is given at the beginning of this issue. 10thAnniversary European Intellectual Property Teachers Network (EIPTN) Conference 2017 The EIPTN brings together IP educators in higher education from across Europe to exchange ideas on best practice and innovation supported by our longstanding spon- sors, the European Union Intellectual Property Office and the European Patent Office. Over 30 delegates attended from 20 countries to discuss and debate the future of IP law education and the needs of the twenty- first century IP law student. We learned from IP education thought leaders and researchers at the forefront of new approaches to IP education in the EU. Since the 1980s when I was a student in the first IP law elective at the University of Western Australia, the role of IP rights in driving the global and digital economy has gained momentum. The economic value of IP rights is often underestimated. Beyond giving immeasurable pleasure and enhancing our daily quality of life (e.g. the personal computer, mobile phone, life- saving medicines and Netflix), IP rights protect
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