About Our Judgment & Enforcement Department
At the end of intellectual property litigation, the Court would grant the following orders depending on the plea of the plaintiff:-
- (in relation to infringement) injunction order, disclosure order, delivery order,
damages order and costs order;
- (in relation to revocation of registration) declaration, revocation order and
Our Judgment & Enforcement Department
About 50% of defendants would disobey court orders. If the disobedience is serious, for example the defendant continues to sell infringing products after injunction order is granted, we would apply to court for committal order and/or sequestration order in accordance with our client’s instruction.
If the defendant declines to pay the costs our client requested, we would initiate taxation proceedings which would last about 3 months on our client’s behalf.
Subsequently, if the defendant continues to refuse to pay for the costs after taxation proceedings, we would consider initiate the following:-
- Garnishee Proceedings;
- Charging Order Proceedings;
- Writ of Fieri Facias;
- Bankruptcy Proceedings;
- Winding Up Proceedings.
The Commonest Way of Enforcement
From our experience, applying for committal order and initiating taxation proceedings would be the commonest way to enforce judgment.
About 10% of defendants would continue to sell infringing products after injunction order is granted. We would apply for committal order under Order 52 of The Rules of High Court.
About 60% of defendants would not agree to the requested costs. As a result, we would initiate taxation proceedings to assess costs and damages.