The Dilemma Of Ex-Parte Orders?

 

So far, I’ve given extensive in-depth knowledge on IP, International IP Prosecutions, all at one place on my blogs, so much so that whether you’re a Startup, or, maybe an Experienced Professional looking forward to discover some Extensive Dilemmas in the IPs & International Prosecutions; then Nowhere Else in the World you will discover this kind of exposure, EXCEPT, Right Here on My Blogs, but, only if you have desire to read and not to watch. Now moving forward, the most important aspect in the IP is/are the -> Ex-Parte Order(s) (especially Ad-Interim / Perpetual) that the Plaintiffs get, and that too in just one hearing, without even notifying the Other Side who is Easily Reachable. How far this practice can be justified or not, such Dilemmas, I would be sharing in this Present Blog herein underneath.

Points to be Noted First.

When You Know:

1.     The Defendants;

2.     Address of Defendants;

3.     The Location of Defendants;

4.     How easily Defendants can be reached;

5.     Where the Defendants are available;

6.     The Defendant(s) is a Company running its Business from the Authorized premises; AND most importantly;

7.     The Defendants in the Past responded to the Plaintiff’s Cease & Desist Notices, which means, the Defendants are willing to fight further on the grounds of Groundless Threats, raised by the Plaintiffs;   

Then, when it comes to the IP Prosecutions, how far, in such cases, the Ex-Parte Orders are justified, Especially, when it comes to ‘Ex-Parte’ Perpetual or Ad-Interim Injunctions? Moreover, and especially, when the Orders clearly state that the matter is YET to be decided on MERITS, then, how far any ‘Ex-Parte’ Perpetual or Ad-Interim Injunctions are feasible, without even giving the Opportunity to the Defendants, knowing that the Litmus Test of the Above 7 POINTS are already Fulfilled by the Defendants, especially Point 7?

I know there’s lack of understanding of IP everywhere! And I also know that there are individuals who have made FORTUNES on the grounds of infringing others’ IPs, either deliberately or unknowingly; but if in case, the Defendants are already running established businesses, and on one of the products an infringement has occurred, then how far the Dilemmas can be Stretched in Passing of any ‘Ex-Parte’ Ad-Interim / Perpetual Injunctions, upto the point of sealing of the businesses without even giving opportunity to the other side? Again, in this dilemma, I’m only including those Individuals’ who pass the litmus test of all the above 7 Points.

Furthermore, IP is to know the Original, and not to exploit it, until it is known that the other side only has exploited someone else’s IP, then that’s a different topic of discussion, as in what circumstances, the said actions were executed.

© Pranav Chaturvedi