Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Medidas provisionales
32. Article 50.4 requires that parties be notified when provisional measures have been adopted inaudita altera parte. Please describe briefly the procedures followed by each authority able to adopt such measures for notifying affected parties and state the time within which such notice must take place.
Where provisional relief is obtained ex parte/inaudita altera parte on the basis of the common law (for example by way of an Anton Piller order or in the case of urgency), the Court will prescribe, as part of the order, the manner in which the defendant is to be notified. For example, the order may be in the form of a rule nisi calling on the defendant to show cause on the return day why an interim interdict should not remain in force pending the outcome of the principal action. The return day of an ex parte order may be anticipated on 24 hours notice. In the Shoba case (supra), the Court included in its order the following paragraphs: (a) that the applicant's attorney file with this Court an affidavit setting forth the manner in which this order was executed, the portion of the premises inspected and the observations made by the applicant's attorney in the course of such inspection; and that a copy of such affidavit, together with the documents filed in these proceedings and the Court's order be served upon the respondents; (b) that any interested party is given leave to apply to this Court, on not less than 24 hours written notice, for the variation or setting aside of this order or for any other appropriate relief; and to file such affidavits as may be necessary in connection therewith. As regards the statutory Anton Piller order, these aspects are dealt with in Section 11(5) of the Counterfeit Goods Act.