Intellectual Property Law's Confiscatory Losses: Its Application in Dynamic Network Environments

Abstract

This paper discusses confiscatory losses in the dynamic network enforcement of intellectual property (IP). IP law protects copyrights, patents, and trademarks. Instead, IP enforcement may consequence in "confiscatory damages." This occurs when the defendant's property is apprehended pursuant to a court order. For both individuals and companies, the internet has made sharing and disseminating innovative creations simpler. IP infringement is also increased by this. In these circumstances, IP law enforcement has become more crucial. Penalisations and sanctions for IP infringement in these conditions may be severe and upshot in confiscatory losses. So as to apply confiscatory losses in dynamic network conditions, this paper suggests reviewing IP law enforcement strategies. Hence, IP infringement penalisations and compensation should be proportionate to the harm caused and avoid confiscatory losses. Moreover, IP infringement can also be minimized by education, information, and alternative dispute resolution. IP law enforcement in dynamic network systems must strike a compromise between protecting IP rights and sidestepping confiscatory damages.