Estados Unidos de América

Sudáfrica

Observancia de los derechos de propiedad intelectual

Medidas provisionales

27. Articles 50.2 and 50.8 require Members to authorize judicial and administrative authorities to adopt provisional measures inaudita altera parte. With respect to each intellectual property right identified in Article 1.2 of the TRIPS Agreement, please describe briefly the circumstances in which the judicial and administrative authorities are empowered to adopt provisional measures inaudita altera parte and cite the relevant legal authority.

Provisional measures inaudita altera parte are provided for by statute in Section 11 of the Counterfeit Goods Act, 1997 (the so-called "Statutory Anton Piller order");22 or may be granted by a court in terms of its inherent powers and jurisdiction (the so-called "common law Anton Piller orders"). The statutory measures in terms of the Counterfeit Goods Act are available in cases where acts of dealing in counterfeit goods are taking place; the common law procedures are not limited to intellectual property rights and can be used generally where there is an apprehension that evidence may be hidden or destroyed. These orders (both statutory and on the basis of the common law) are described in detail in a section from an article by a South African intellectual property lawyer.