Key takeaways
Application to get access to written pleadings and evidence granted (R. 262.1(b) RoP), but limited to redacted versions (R. 262.2 RoP)
The access to the written pleadings and evidence is conditioned to a reasoned request, R. 262.1(b) RoP. Gaining a better understanding of one of the first UPC decisions regarding an application for provisional measures can be a credible explanation to get access to the pleadings or evidence. Pending appeal proceedings are no reasons to deny access to pleadings and evidence submitted in the first instance proceedings which are terminated.
When a request pursuant to R. 262.1(b) RoP is made, the interests of a member of the public of getting access to the written pleadings and evidence must be weighed against the interests mentioned in Art. 45 UPCA. These interests include the protection of confidential information and personal data.
A party can at any stage – also after the end of the proceedings – request confidentiality of certain information submitted under R. 262.2 RoP.
The protection of confidential information (technical data and internal company information) outweighs the other party’s general interest in better understanding one of the first UPC decisions regarding an application for provisional measures (especially as long as the general line of arguments and nature of evidence can still be examined by the applicant pursuant to R. 262.1(b) RoP).
Division
LD Hamburg
UPC number
UPC_CFI_151/2024
Type of proceedings
Application for provisional measures
Parties
Applicant: Powell Gilbert LLP
Claimant: Ballinno B.V.
Defendants: 1) Union des Associations Européennes de Football (UEFA), 2) Kinexon GmbH, 3) Kinexon Sports & Media GmbH
Patent(s)
EP 1 944 067
Body of legislation / Rules
Rule 262.1(b) and 262.2 RoP, Art. 10, 45 UPCA
