Abstract
This paper explores the role of forensic techniques in the investigation of intellectual property (IP) crimes, which is an area that has not received enough attention despite being extremely important. The motivation behind this research is to provide a comprehensive view of how forensics can help in solving IP-related cases, particularly because formal/legal documentation and discussions around this topic are very limited. Recent data underscores the urgency of addressing IP crimes: enforcement actions against IP theft have risen sharply in the past year, with cases initiated up 21%, criminal arrests increasing by 39%, and indictments surging by 99%. This highlights the pressing need for innovative methods such as forensics to combat these violations.
The paper primarily focuses on key areas like software piracy, copyright infringement, and trademark violations, and examines the potential of forensic methods in these fields. Through theoretical analysis and the inclusion of relevant case studies, it demonstrates how forensic tools can be effectively used to identify and prevent such violations, despite the lack of specific legal frameworks. It also addresses challenges in integrating forensic methods into IP law enforcement, particularly in countries like India, which has been flagged as problematic in the 2023 Special 301 Report by the United States Trade Representative.
Keywords: intellectual property, legal framework, forensics, copyright, software piracy, trademarks
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