Glossary

• Author: Jeffrey Berryman
• Pages: 513-521

513

GLOSSARY

Accessibility threshold.The minimum level of proof that an applicant

must demonstrate to be able to secure an interlocutory injunction. An

accessibility th reshold determines the level of proof that a court requi res

of an applicant that a legal right exists and the minimum level of proof

that the claimed right has been factually infringed. See Chapter 2, Sec-

tion E(1).

Anton Piller order. An Anton Piller order takes its name from a decision

of the English Court of Appeal in Anton Piller K.G. v. Manufacturing

Processes Ltd.,[1976] Ch. 55 (C.A.). The appellant, Anton Piller, was

a German manufacturer of motors and electric generators used in the

computing industry. The respondent was the appellant’s agent in the

United Kingdom. As agent, the respondent had received conf‌idential

information surrounding the appellant’s business. The appellant found

out that the respondent had been in secret communication with other

German companies called Ferrostaal and Lechmotoren with a view

to giving those companies detailed plans and drawings of the appel-

lant’s products so that they could be copied. The appellant was about

to launch a new product and feared that details of it might get into the

hands of competitors if the respondent were forewarned that the appel-

lant was aware of the respondent’s breaches of conf‌idence. Anton Piller

commenced ex parte proceedings seeking an injunction to restrain

copyright infringement as well as a court order to permit entry to the

respondent’s premises to search and remove all conf‌idential information