Anton Piller order
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In English and English-derived legal systems, an Anton Piller order is a court order that provides the right to search premises and seize evidence without prior warning. This prevents destruction of incriminating evidence, particularly in cases of alleged trademark, copyright or patent infringements. The order is named after the case of Anton Piller KG v Manufacturing Processes Limited Ch 55 in 1976, although the first reported such order was granted by Templeman J in EMI Limited v Pandit 1 All ER 418 in 1975. They are now known as search orders in England and Wales. Because such an order is e...
In English and English-derived legal systems, an Anton Piller order is a court order that provides the right to search premises and seize evidence without prior warning. This prevents destruction of incriminating evidence, particularly in cases of alleged trademark, copyright or patent infringements. The order is named after the case of Anton Piller KG v Manufacturing Processes Limited Ch 55 in 1976, although the first reported such order was granted by Templeman J in EMI Limited v Pandit 1 All ER 418 in 1975. They are now known as search orders in England and Wales. Because such an order is essentially unfair to the accused party, Anton Piller orders are only issued exceptionally and according to the three-step test set out by Ormrod LJ in the Anton Piller case: there is an extremely strong prima facie case against the respondent, the damage, potential or actual, must be very serious for the applicant, and there must be clear evidence that the respondents have in their possession incriminating documents or things and that there is a real possibility that they may destroy such material before an inter partes application can be made.
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