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Intellectual Property Rights

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Though there are traditional methods of enforcing intellectual property rights such as injunction, cost and damages. of late, unconventional measures such as the Anton Piller order, are fast gaining momentum in gathering evidence so as to assist in collecting relevant&nbsp.information against the suspect.2 This order is granted to the claimant as an ex parte application on account of the fact that vital evidence and relevant information may be lost if the claimant waits for too long. For if the defendant is first served with a writ, he might modify or destroy incriminating documents, remove goods and hide them, or even inform third parties to whom he sells such infringing copies of the original work and thereby, keep that channel secured for further infringing activities.3 He is, therefore, legally given the opportunity to discover such evidence. The purpose of the Anton Piller order was first explained in Yusuf vs. Salama4, where Lord Denning MR had emphasized on the need to prevent the destruction of evidence by way of this order.5
In this case, Hermione, (who is a newly qualified solicitor employed by ARGUE AND TWIST Solicitors) has been instructed by Bloomsbury Publishing plc who own the copyright in JR Rowling’s book “Henry Porter and the Philosopher’s Pebble.” As per the instructions, Hermione carries out the search alone and late at night on Saturday. At the time of the search, Hagrid is not present, but his wife and children are. While conducting the search she loses some of his personal files from the computer, and certain other books and documents in a taxi on the way back. She also removed material relating to tax evasion which she thought would be supporting evidence. Now, as a matter of replying to the letter received from the Solicitor’s Complaint Bureau, Hermione is to review the manner in which she conducted the search that night.
In order to review the manner in which Hermione conducted the search, it is imperative to throw light on the constituent components of an Anton Piller order. As noted by Dockray and Ladley, these orders are to be executed, not by force, but only after obtaining the consent of the person to whom such order is directed. the order allows for examination of documents as&nbsp.well as removal of documents and other related properties. and lastly, though the order is ex parte it still needs to be permitted by the defendant (failing which he might be held guilty of contempt of court).&nbsp.