LD Düsseldorf, November 17, 2025, order re inspection and preserve evidence, UPC_CFI_885/2025

Following a court-ordered inspection (saisie-contrefaçon) at a trade fair, an independent expert prepared a detailed report on the findings. The defendant, whose premises were inspected, was given the unredacted report and a deadline to identify any information it considered a trade secret or otherwise confidential.

The defendant did not respond. Consequently, the court concluded that the defendant had no confidentiality interests to protect. The judge ordered the full, unredacted expert report, including all annexes, to be disclosed to the patentee.

This decision underscores a “claim it or lose it” approach to confidentiality at the UPC. The court provides a clear opportunity for a party to assert its rights to protect trade secrets. If that party remains silent, the court will not protect those interests on its own initiative. The burden is squarely on the party whose information is at stake.

The court set a deadline for the patentee to file its main infringement action (max. 31 calendar days or 20 working days), failing which the inspection measures will be revoked (Art. 60(8) 8 UPCA in conjunction with R. 198(1), 199(2) RoP).

The court order explicitly states that the expert’s report and all other findings from the inspection may only be used in the main proceedings on the merits against the defendant, underscoring a “use it or lose it” approach.