Anton Pillar Injunctive Relief in India :
Besides traditional remedies the non-traditional forms of remedies like, Anton Piller Order, interlocutory injunction, etc, have assumed more popularity nowadays.
The first use of such order was made by Templeman J, in EMI v. Pandit, (1975) 1All E R 418, to protect the offending evidences from being destroyed. However, it was only after the case of Anton Piller KG v. Manufacturing Process,(1976) 1All E R 779.418, that it gained recognition and popularity.
The statutes governing intellectual property in India like Copyright Act, 1957, Trade Marks Act, 1999; Patents Act, 1970 (as amended by Patents (Amendment) Act, 2005, Designs Act, 2000 etc. stipulate the rights that are available to the intellectual property owner, besides containing a sound mechanism to prevent the infringement of intellectual property rights. The remedies available for protection of IPR are broadly classified into civil and criminal remedies.
The orders in line of Anton Piller order are made under the head of civil remedies. The application of Anton Piller order in India is still in a nascent stage. There is not much case-laws debating over the aspects of Anton Piller order. One of the earliest case that dealt with the concept of Anton Piller order, though cursorily was National Garments v. National Apparels,(1990) PTC98.
In Bucyrus Europe Ltd. v. Vulcan Industries Engineering Co. Pvt. Ltd., 2005(30) PTC 279, the court observed that an Anton Piller order can be passed in the following situations:
• Where the plaintiff has an extremely strongly prima facie case;
• Where the actual or potential damage to the plaintiff is very serious.
• Where it was clear that the defendant possessed vital evidence; and
• There was a real possibility that the defendant might destroy or dispose of such material so as to defeat the ends of justice.
The purpose of Anton Piller order is the preservation of evidences.
The application of Anton Piller order in India is still in nascent stage and lot many questions are still left unanswered.