ABSTRACT
Property rights are obviously the prime example of the kind of tradable right involved here. If I wrongfully sell your goods, I should have to account for the proceeds. The same argument must apply if I gain a benefit from dealing with them in other ways: for example, using them or hiring them out. And, of course, similar reasoning must apply to property of other sorts. If I remain on your land after my right to do so has disappeared (for example, because my licence to be there has come to an end), I should have to pay an occupation rent. Again, most intellectual property rights are freely licensable. Copyright exists to be licensed in order to provide authors with an income, and there is undoubtedly a flourishing market in know-how and other commercial information. It follows that there is a strong argument for granting restitution in cases of infringement – for example, breach of copyright or confidence.
