Key takeaways
For the purpose of effective protection of trade secrets, access may be limited to the party representative until the final order on the limitation of access to confidential information is made.
Even though R. 262A.6 RoP states that, at least, one natural person from each party and the respective lawyers or other representatives of those parties to the legal proceedings must have access to confidential information, access may be preliminarily limited to the party representative, until the final order on the limitation of access is issued.
The requirement under R. 262A.4 RoP that the other party be heard before a confidentiality order is issued, only refers to a final order on confidentiality and access restriction.
Accordingly, access can be preliminarily restricted to the party representative, who can then comment on the requested confidentiality order for the party before a final order is issued.
Division
Local Division Hamburg
UPC number
UPC_CFI_54/2023
Type of proceedings
Infringement Action
Parties
Claimant: Avago Technologies International Sales Pte. Limited
Defendants: Tesla Germany GmbH; Tesla Manufacturing Brandenburg SE
Patent(s)
EP1612910
Body of legislation / Rules
- Rule 262A RoP
- Art. 24 UPCA
- Directive (EU) 2016/943