Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Medidas provisionales
26. Articles 50.1 and 50.8 require that judicial and administrative authorities have the authority to order prompt and effective provisional remedies to preserve relevant evidence in regard to an alleged infringement. Please identify the provisional measures available to preserve relevant evidence in regard to an alleged infringement and cite the relevant legal authority.
Again there is no provision for administrative authorities to grant remedies to preserve evidence in the case of infringement of intellectual property rights. (a) Discovery and production of documents and tape recordings in the High Court of South Africa, and in the Court of the Commissioner of Patents, is dealt with in Rule 35 of the Uniform Rules of Court. Discovery will only be ordered after the institution of proceedings and generally only after the close of pleadings. (b) In special cases, (such as the 'Anton Piller' situation), the Court may order, on an ex parte basis, that certain evidence be taken into the possession of a sheriff for its preservation pending the institution of civil proceedings. The Court has this authority on the basis of its inherent powers and jurisdiction. (c) In cases of counterfeit goods involving copyright and trademark rights, the Counterfeit Goods Act, 1997 in Section 11 provides statutory powers in Anton Piller-type situations.