Key takeaways
No access to the register for a company that commercializes access to its subscribers
The objectives of balancing the interests pursuant to Art. 45 UPCA, and the requirement of representation ensure the proper conduct of proceedings, and would be compromised if access to written pleadings and evidence was granted pursuant to R. 262.1(b) RoP to a company that intends to make these documents publicly available to its subscribers on its patent litigation intelligence platform.
The application of R. 262.1(b) RoP is furthermore safeguarded by the requirement of representation. A member of the public who is requesting access to the register pursuant to R.262.1(b) RoP must be represented before the UPC.
The control resulting from an assessment by the judge-rapporteur of (i) a reasoned request made by a member of the public, (ii) who is represented, would be lost if the Court would provide access to a company that intends to make these documents publicly available to any subscriber on its patent litigation intelligence platform. This is not an interest that is protected under Art. 45 UPCA.
Copyright is not a general interest that must be observed for balancing of interests pursuant to Art. 45 UPCA
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. Neither the Council of Europe Convention on Access to Official Documents (CETS No. 205), nor Art. 15(3) TFEU, nor Art. 17(2) or 42 of the Charter of Fundamental Rights of the European Union, nor Directive 2001/29 of the European Parliament and of the Council of 22 May 2001 provide a basis. The interests of copyright holders are duly protected by the procedures available in national courts for copyright infringements.
Division
Court of Appeal, Panel 2
UPC number
UPC_CoA_523/2024; App_35643/2025
Type of proceedings
Request for public access to the register
Parties
Docket Navigator (Applicant); Sumi Agro Limited, Sumi Agro Europe Limited (both Appellant in the proceedings); Syngenta Limited (Respondent in the proceedings)
Patent(s)
EP 2 152 073
Body of legislation / Rules
Rule 262.1.(b) RoP, Art. 10(1), 45 UPCA
