États-Unis d'Amérique
Moyens de faire respecter les DPI
Procédures et mesures correctives civiles et administratives
11. Article 42 requires that defendants be notified of judicial and administrative intellectual property enforcement proceedings brought against them. Please describe the procedures followed by each type of court and administrative body identified in question 1 for notifying defending parties regarding proceedings that have been initiated against them, indicate the information provided regarding the proceeding and cite the legal authorities establishing these procedures.
Courts are obliged to notify defendants of each intellectual property enforcement proceedings being brought against them. Performance of this obligation is as follows: (1) after the statement of claim is submitted and duly paid, the court serves the copy of the statement of claim to the defendant by post or by intermediary of an usher (Article 131 CCP) notifying him at the same time of the hearing and instructing about the effects of failure to appear or failure to reply to the statement of claim, in which it may furnish explanations or put forward its motions, including motions as to evidence. (2) the present parties are notified of each date of the next sitting orally at the sitting, and absent parties are notified by being served a notice (Article 149 CCP). The effect of the defendant's failure to appear at the hearing, in case it did not furnish any explanations in writing or orally at the foregoing hearing or it did not put forward a motion to conduct a hearing in its absence, is passing a judgement by default (Article 339 CCP). The court instructs the defendant about the above effects upon notifying of the due date of the hearing. The same procedure is followed in case of other statements of claim, including in particular statements of claim containing means of appeal (appeal and cessation).