Quia Timet Action | Intellectual Property Rights

`Quia Timet`, is a Latin phrase to mean:`because it is feared or apprehended`. It is an action, to prevent a party from a wrongful act, which is anticipated to be either threatening or imminent, but has not yet begun which may harm the aggrieved party.

Quia Timet Action in Intellectual Property Suits

Quia Timet Action (QTA), is a remedy, which has a long history with influences from injunctive relief in property disputes, lawsuits for document cancellation under specific relief law, preventional detention under criminal law and other such cases. However, modern day trademark passing off actions are merely inspired by the principles laid down by Court of Chancery's landmark judgement of Fetcher vs Bealey. This remedy has effectively replaced the typical way of framing 'acts of the defendant' to framing 'likelihood or apprehension of acts that might be done by the Defendant'.