Key takeaways
Interest in accessing documents not precluded by additional commercial interests
A law firm may also be a member of the public within the meaning of R. 262.1 (b) RoP, see already order of 9 January 2024, UPC_CoA_480, UPC_CoA_481/2024, Abbott v Powel Gilbert.
The fact that a law firm (Herbert Smith Freehills Kramer LLP) also pursues commercial interests with the application does not preclude an interest in accessing the documents. Herbert Smith Freehills Kramer LLP does not intend to commercialise the access to the requested documents by making them available against payment. They only intend to obtain a better understanding by studying the documents which allows them to provide better service in general, which serves the general interest of justice.
Copyright is not a general interest that must be observed for balancing interests
Copyright is not a general interest that must be observed pursuant to Art. 45 UPCA, when a member of the public requests access to the register pursuant to R. 262.1(b) RoP.
Applicable principles for public access to the register
The following principles for public access to the register already laid down in decision of 10 April 2024, UPC_CoA_404/2023 Ocado are reiterated:
- When a request for access is made, the interest of the member of the public to obtain access must be balanced against the general interests in Art. 45 UPCA. This includes protection of confidential information and personal data, and protection of justice, including the protection of the integrity of proceedings, and public order.
- These interests are usually properly balanced and duly weighed against each other, if access to written pleadings and evidence is given to a member of the public after the proceedings have come to an end by a decision of the court.
- A member of the public may also have a more specific interest in the written pleadings and evidence of a particular case, than the general interest mentioned above. This is in particular so where he has a direct interest in the subject-matter of the proceedings, such as the validity of a patent that he is also concerned with as a competitor or licensee. When a member of the public has such a direct legitimate interest in the subject-matter of certain proceedings, this interest does not only arise after the proceedings have come to an end but may be immediately present.
- The Court may, for the purpose of appropriate protection of the integrity of proceedings, impose certain conditions on granting access, also on the Court’s own motion.
Division
Court of Appeal, Panel 2
UPC number
UPC-COA-0000886/2025
Type of proceedings
Request for access to written pleadings and evidence
Parties
Herbert Smith Freehills Kramer LLP (Applicant); Insulet Corporation (Appellant in the proceedings); EOFlow Co., Ltd. (Respondent in the proceedings)
Patent(s)
EP 4 201 327
Body of legislation / Rules
Rule 262.1.(b) RoP; Art. 10.1, 45 UPCA
