Key takeaways
Restriction to “attorneys eyes only” possible under R 262A RoP, exceptional circumstances required
In the case of protection of confidential information under R. 262A RoP, the number of persons authorised to have access may not be greater than is necessary to ensure compliance with the principle of a fair trial and the right of the parties to effective proceedings. Therefore, a Confidentiality Club must include at least one natural person from each party and the respective lawyers or (other) representatives of these parties to the proceedings, as expressly provided by R. 262A.6 RoP. An exception to the requirement that at least one natural person from each party be granted access to the confidential information may only be made in the case of
- a mutual agreement between the parties,
- the party expressly waives its right to access through at least one natural person,
- specific obligations under antitrust law.
Division
Court of First Instance – LD Milan
UPC number
UPC_CFI_240_2023, ORD_40568/2024
Type of proceedings
Infringement Action, Application according to R. 262A RoP
Parties
Oerlikon Textile GmbH 6 Co. KG
vs.
Himson Engineering Private Limited
Patent(s)
EP 2 145 848
Body of legislation / Rules
Art. 58 UPCA
R. 262A RoP
