Key takeaways
Rule 262.1 RoP requires that an application to access the Register is carried out by a third party – with respect to the parties to the proceedings
A lawyer who requests access to the records and claims to be the defendant’s counsel is not a third party, even if he or she has no power of attorney to represent the defendant in the proceedings for which access is requested.
Division
Milan Local Division
UPC number
UPC_CFI_240/2023
Type of proceedings
Infringement Action – request for access to Register
Parties
Attorney X, counsel for Himson Engineering PVT. LTD for the sole purpose of access to the records
Claimant: Oerlikon Textiles GmbH & Co KG actress
Defendant: Himson Engineering Private Limited defendant
Patent(s)
EP 2,145,848
Jurisdictions
Body of legislation / Rules
Rule 262.1 (b) RoP (rejected)