Experience has taught that the most effective way to stop counterfeiting activities in a trade is to obtain ex parte relief in the form of an injunction or an order for seizure of the defendants infringing goods.
This has proved to be the only way to quickly stop the infringing activity and to create a deterrent for the defendant and for others. Without such a relief, it can be years before a suit is disposed off.
Where the defendant has no arguable defense and his activities lay him open to criminal as well as civil remedies, it is clear that he will dispose of incriminating items and documents, if he is given notice of the proceedings in the normal way. It is therefore vital that the exparte relief be granted in the form of search and seizure orders if the interest of the plaintiffs are to be protected.
The interlocutory orders, include injunctions, Anton Piller Orders, Norwich Pharmacal Orders, Mareva injunctions and in the case of criminal matters a search and seizure order.
Final orders include the award of damages, account of profits and costs.
Experience in India shows that the final reliefs are rarely granted so that the only meaningful 'punishment' to the defendant is the seizure of infringing goods at the interim stage.
This has a deterrent effect which is completely lost if notice is given to the defendant. Hence the need for an ex parte order.
In the long term, however, unless damages are granted to drive out the financial incentive from copyright infringements, this business will soon be regarded as the "drugs of the 1990s".
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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