English translation: Anton Piller order(s) / (descriptive) seizure order(s)
Login or register (free and only takes a few minutes) to participate in this question.
You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Dutch term or phrase:
beschrijvend beslag
English translation:
Anton Piller order(s) / (descriptive) seizure order(s)
"Anton Piller orders also constitute a common ex parte procedure in intellectual property related cases in some other countries, such as France.
Anton Piller orders are known in France as "descriptive seizure orders", when the court order only allows the description of the alleged counterfeited goods and processes, or simply "seizure orders", when the court order also allows real seizure to take place in addition to the description measures. A descriptive seizure is enforced by a bailiff, usually accompanied by at least one expert. It can take place on the premises of the alleged infringer, but also at a trade fair for instance."
The Belgian procedure of "saisie descriptive / beschrijvend beslag" is an efficient ex parte tool which enables the holder of an Intellectual Property Right to obtain measures of discovery and seizure against infringements of their intellectual property rights. The suspected infringer does not receive any advance notice of the visit by an expert appointed by the Court. This Court-appointed expert is entitled to take samples of the alleged counterfeit, analyze the obtained samples and draft a report thereon which will serve as evidence in proceedings on the merits.
The aim of such a procedure is to allow the preliminary assessment of a seizure description catching the alleged infringer in the act.
-------------------------------------------------- Note added at 10 mins (2006-05-17 16:54:08 GMT) --------------------------------------------------
-------------------------------------------------- Note added at 16 mins (2006-05-17 16:59:45 GMT) --------------------------------------------------
distraint-description" means a procedure forming part of the system referred to in the first and second paragraphs by which any person entitled to bring an action for infringement may, after obtaining a court order, granted on his application, cause a detailed description to be made, at the premises of the alleged infringer, by a bailiff assisted by experts, of the processes in question, in particular by photocopying technical documents, with or without actual distraint. This court order may order the payment of a security, intended to grant damages to the alleged infringer in case of injury caused by the "distraint-description".
"Anton Piller orders also constitute a common ex parte procedure in intellectual property related cases in some other countries, such as France.
Anton Piller orders are known in France as "descriptive seizure orders", when the court order only allows the description of the alleged counterfeited goods and processes, or simply "seizure orders", when the court order also allows real seizure to take place in addition to the description measures. A descriptive seizure is enforced by a bailiff, usually accompanied by at least one expert. It can take place on the premises of the alleged infringer, but also at a trade fair for instance."
Explanation: The best answer is "descriptive seizure order" or "Anton Piller order" if for the UK. Judging from Wikipedia's definition, this would be called a "search warrant" in the US.
-------------------------------------------------- Note added at 5 days (2006-05-23 12:03:45 GMT) --------------------------------------------------
"n British and British-derived legal systems, an Anton Piller order (frequently misspelt as Anton Pillar order) is a court order which provides for the right to search premises without prior warning. This is used in order to prevent the destruction of incriminating evidence, particularly in cases of alleged copyright or patent infringements.
The first such order was issued in the case of Anton Piller KG vs Manufacturing Processes Limited in 1976. Because such an order is essentially unfair to the accused party, Anton Piller orders are only issued exceptionally, when
1. There is an extremely strong prima facie case against the respondent,
2. The damage, potential or actual, must be very serious for the applicant, and
3. There must be clear evidence that the respondents have in their possession incriminating documents or things and that there is a real possibility that they may destroy such material before an inter partes application can be made.
In the UK, it has been reported that approximately 500 Anton Piller orders were made per year between 1975 and 1980. During the 1990s, this rate had dropped tenfold. Although the name persists in normal usage, the common law application of this order has been largely superseded by a statutory Search order under the Civil Procedure Act 1997. However, in some jurisdictions (for example, Hong Kong) that there is no statutory Search order, the Anton Piller Order is still often used." (Wikipedia)
Maria Danielson Local time: 06:48 Specializes in field Native speaker of: English PRO pts in category: 4
The translation workplace 
