Unión Europea
Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Could the US explain in detail the conditions applied and the scope of the right conferred when preliminary relief is granted giving the right to obtain evidence inaudita altera parte?
Security is required as a condition for obtaining a TRO or a preliminary injunction in an amount sufficient to cover costs and damages to the party wrongfully enjoined or restrained. Temporary restraining orders expire within ten days unless extended for good cause shown or if the adverse party consents to a longer period. A motion for preliminary injunction must be scheduled for a hearing at the earliest possible time and, the party obtaining the TRO does not proceed with the request for preliminary injunctions, the TRO will be dissolved. See Rule 65, Federal Rules of Civil Procedure. The function of a preliminary injunction is to preserve the status quo pending a determination of the action on the merits. The scope of the preliminary injunction depends upon the facts of the particular dispute.