An Anton Piller order, also referred to as a "search and seizure order," is a legal order issued by a court to enable a plaintiff to gain entry into a defendant's premises to search for and preserve evidence, typically in cases of intellectual property infringement or other forms of illegal activity. The name "Anton Piller" originates from a landmark case in the United Kingdom in the 1970s.
The purpose of an Anton Piller order is to prevent the defendant from destroying or removing potential evidence before the trial. It allows the plaintiff's representatives to enter the defendant's premises unannounced and without prior warning, granting them the authority to search, inspect, make copies, and seize relevant materials. The order may cover areas such as documents, computer files, merchandise, prototypes, or any other items related to the alleged infringement.
Anton Piller orders are considered an extraordinary measure due to their intrusive nature and potential for misuse. To obtain such an order, the plaintiff must satisfy strict criteria and demonstrate a genuine and urgent need for the preservation of evidence. Additionally, the court usually imposes strict safeguards to protect the defendant's rights, such as requiring the presence of independent supervisors during the search or preserving confidentiality where necessary.
Violation of an Anton Piller order may result in serious consequences, including contempt of court charges or adverse inferences drawn against the defendant during the trial. The granting of an Anton Piller order aims to strike a balance between the interests of justice, the plaintiff's need for evidence, and the protection of the defendant's rights.
