Under what circumstances is a plaintiff required to demonstrate the existence of a serious issue is to be tried, that irreparable harm may occur, and that the balance of convenience favours the plaintiff?
A) in an application for an Anton Pillar order
B) in an application to seize and inspect evidence of infringement
C) in an injunction for intellectual property infringement
D) in an injunction for the seizure of property before judgment

Question

Quizplus · Accepted Answer

The circumstances described in the question are the requirements for obtaining an injunction in the case of intellectual property infringement. In such cases, the plaintiff must demonstrate the existence of a serious issue to be tried (i.e. a valid claim of infringement), that irreparable harm may occur (such as damage to the plaintiff's reputation or profits), and that the balance of convenience favours granting the injunction (i.e. that the harm to the plaintiff outweighs any harm to the defendant if the injunction is granted). This is the standard for obtaining an injunction in many jurisdictions, and is particularly relevant in cases of intellectual property infringement. Anton Pillar orders and seizures of property before judgment may involve similar requirements, but the specific circumstances will vary depending on the jurisdiction and nature of the case.

Under What Circumstances Is a Plaintiff Required to Demonstrate the Existence