ABSTRACT

TOPIC: Anton Pillor Order In Reference To Copyright Infringement

Strong evidence is highly necessary to substantiate ones claim and to get relief or remedy for any
wrong committed by the defendants to the plaintiff. But, in absence of proper evidence it is really
unpalatable to substantiate any claim by the victim. This loopholes of law indulges the wrong doer
in doing the round infringement of intellectual property rights of right holder flouting at his
corroborating evidence by destroying or diminishing. However, any infringement of intellectual
property rights attract the legal initiation and resorts to traditional remedies including mere
injunction, cost, damages in civil nature and search and seizer and proceeding there on to .But in
these days the non-traditional and pecuniary type of remedies like Anton Piller has got the
popularity with the motion of granting recognition in Anton Piller KG vscase in UK. After its
recognition, the ambience of the remedy pervades across many countries like Singapore,
Thailand,New Zealand,Australia. Even USA also keeps analogy to Anton Piller order. And
obviously, India though has not feet into the same shoe but almost on way to do it. In this
presentation ,I wish to go on gradually to make an inquisitive glimpse of this Nuclear Power in
the plaintiff's arsenal .The application of Anton Piller in India is not so popular and famous as
much as in other countries. Here we will discuss on it in Uk and Indian perspective.
Anton Piller Order in UK------An overview
The first use of such order was made in the case of EMI Limited v Pandit UK. However it was
bombarded with popularity only after the case of
Anton Pillar KG vs. Manufacturing process
In this case, the plaintiff, the German manufacturers of sophisticated electrical components, after
discovering that the defendants, their Uk agents were passing the drawings and other confidential
information to other German companies, sought an ex-parte order for infringing their copyrights
and misusing confidential information and got the order ultimately.Anton Piller order is a very
potent weapon in the arsenal of plaintiff and is a form of discovery preservation granted on ex-
parte application. It can comprise of injunction to restrain infringement, permission to plaintiffs
solicitor to enter into defendants premises to inspect documents and removes originals or
permission to remove alleged wrongful goods and if necessary even destroying the offending
goods for the purpose of destroying defendants business and reputation obtained by means of
illegal way and to put an injunction on the defendants not to disclose the content of the injunction
not to third parties too.