Ex-Parte Order Appointing Commissioner To Conduct Search/Seizure In IPR Infringement Cases Is To Preserve Evidence, Necessary: Karnataka HC

"it is very clear that in the intellectual property rights cases, the ex-parte order of appointment of the Court Commissioner is to ensure that a surprise element remains intact, in the absence whereof the respondents would easily be in a position to remove the infringing products when the court commissioner visits the premises of the respondent. Anton Piller orders are court orders giving the right to search premises and seize evidence without prior warning in order to prevent destruction of evidence specially in case of intellectual property right infringement. The Karnataka High Court has said that in intellectual property rights cases, the ex-parte order of appointment of the Court Commissioner for search and seizure–an Anton Piller order, is to ensure that a surprise element remains intact in the absence of which the respondents can easily remove the infringing products when the commissioner visits the latter's premises. During the pendency of the petition the high court vide its order dated December 6,2024, passed an ex-parte order appointing the Court Commissioner to carry out search and seizure of the operation of the data storage media, files, folders, documents etc, in the premises of the respondents/defendants and directed the Commissioner to execute the warrant for seven days and report the same.