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<p>The Proceeds of Crime Act 2002 permits an application for a restraint order to
be made to “freeze” the property of an alleged offender and has the effect of freezing
realisable property that may be liable to a later confiscation order. The Act defines
realisable property as any free property held by the defendant including any intangible
or incorporeal property. The intellectual property rights in a domain name could fall
within this definition and so a restraint order would be available. A company is a
separate legal entity to its shareholders and directors and so a restraint order against
realisable property held by a company would only be available where the alleged offender
was that company. The terms of the restraint order prevent the alleged offender from
dealing with their realisable property. Whilst property is under restraint, the judge
may, depending on the circumstances of the case, exempt property which is required
for legitimate business purposes to enable a person to carry on any trade, profession
or occupation, for example, to enable continued use of a domain name.</p>
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