Topics: confidentiality
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Local Division Munich, July 29, 2026, Order, UPC_CFI_515/2026, UPC_CFI_1797/2026
An “unredacted document” under R. 262A.3 RoP need not be the complete original file. An excerpt reproducing the protected information can suffice.: The decisive criterion is whether the submitted document reveals the specific information or evidence for which restriction is sought under R. 262A.1 RoP, not whether it is technically unprocessed or complete. R. 262A.3…
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LD Paris, July 18, 2026, time extension request, UPC_CFI_1963/2025, UPC_CFI_1247/2026
The burden of diligence to obtain access to a non-confidential version of a brief lies with the party seeking it: Where an unredacted version of a brief (marked highly confidential “HC” in the CMS, only accessible to the court) is filed simultaneously with a redacted version (marked mutual “M” in the CMS, accessible to the…
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LD Düsseldorf, July 27, 2026, Order on Public Access to the Register, UPC_CFI_226/2024
An applicant’s predominantly personal interest in access to the register may result in strict confidentiality obligations under Rule 262.2 RoP: When deciding on a confidentiality request under Rule 262.2 RoP, the Court may take into account that the applicant has a predominantly personal interest in accessing the register. As a result, the Court may apply…
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CD Munich, July 27, 2026, procedural order, UPC_CFI_894/2026
“Withdrawal” of confidential document possible before adversary’s access: The Court acceded to the request of the Claimant to withdraw a confidential document by ordering that the unredacted version of the document be disregarded. The confidential document will not become accessible to the Defendant but will remain in the CMS. Initially, the Claimant submitted an unredacted…
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Court of Appeal, June 10, 2026, Order of the Court of Appeal, UPC_CoA_61/2026
Market data from providers requiring confidentiality qualifies as confidential information under R. 262.2, R. 262A.1 RoP and Art. 58 UPCA, extending beyond trade secrets per Art. 39(2) TRIPS: The Court confirmed that R. 262 and R. 262A RoP protect not only trade secrets within the meaning of Art. 39(2) TRIPS Agreement but also “other confidential…
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LD Düsseldorf, May 27, 2026, order on confidentiality, UPC_CFI_779/2024
Confidentiality concerns must be raised during main proceedings if the need for protection is reasonably foreseeable (R. 262A RoP).: Where it is reasonably foreseeable that court-ordered disclosure may require revelation of confidential information, the defendant must raise confidentiality concerns during main proceedings. Failing to do so without adequate justification will typically result in denial of…
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LD Düsseldorf, 11 May 2026, Order, UPC_CFI_1034/2025 & UPC_CFI_931/2026
Confidentiality orders are not limited to trade secrets, they cover any information requiring confidentiality, balanced against the parties’ competing interests: The decisive factor is whether the information requires confidentiality, not whether it qualifies as a trade secret. The Court must weigh the right to be heard and fair trial rights of the party affected by…
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LD Düsseldorf, May 6, 2026, Order, UPC_CFI_1536/2026
Ex parte inspection at trade fairs justified where concrete risk of evidence destruction exists (Art. 60 UPCA, R. 192, 197 RoP): The Court ordered ex parte inspection of a machine exhibited at a trade fair. The Applicant credibly demonstrated that the Defendant could remove the machine or deactivate pre-programmed processes via software update, rendering evidence…
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LD Brussels, May 4, 2026, Order on Public Access to Case Files in Evidence Preservation Proceedings, UPC_CFI_1167/2026
The nature of proceedings may justify restricting public access under Art. 45 UPCA, even though R. 262.1(b) RoP does not explicitly differentiate by proceeding type: Evidence preservation and inspection proceedings create a procedural and confidential playing field balancing fundamental rights of the parties. This playing field must be maintained even after proceedings end without proceedings…
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LD Düsseldorf, April 30, 2026, dismissal of confidentiality order, UPC_CFI_351/2024, 595/2024
A party may make an application for a confidentiality order pursuant to R. 262A.1 RoP if it is seeking protection for information that it is required to disclose under the operative part of a court decision. However, the application must be made during the proceedings on the merits if it can be reasonably foreseen that…
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LD The Hague, April 14, 2026, Procedural Order, UPC_CFI_1612/2025
Classification as confidential if parties agree on confidential nature of the information. : The Court acknowledges the confidential nature of specific information after the claimant did not object to the defendant’s corresponding assertion. A pre-existing broader NDA prevents a party from imposing a narrower confidentiality circle in UPC proceedings.: The Court determined that if confidential…
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LD Brussels, April 14, 2026, Procedural Order, UPC_CFI_1357/2025; UPC_CFI_629/2025
Evidence production applications (Art. 59 UPCA, R. 190 RoP) require four cumulative conditions: reasonably available evidence, specification and control, confidentiality protection, and proportionality.: The requesting party must have presented evidence “reasonably available” in support of its claims. This condition is assessed on a prima facie basis and is twofold, considering(a) whether the requesting party presented…
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CoA, March 18, 2026, Order concerning an appeal against an order denying a request under R. 262.2 RoP, UPC_CoA_930/2025
Information disclosed to the other party without a confidentiality restriction will generally lose protection as a trade secret or other confidential information: The Court of Appeal confirms that a request under R. 262.2 RoP does not in itself prevent the other party from using or disclosing information already communicated without restriction. Where information has been…
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LD Munich, 24 February 2026, Order of the Court of First Instance, UPC_CFI_609/2025
Representation by attorney at law or patent attorney (Art. 48, 58 UPCA): A party can choose freely between being represented by an attorney at law, a patent attorney or a team of both. There is no obligation to consider the nature of the case. This is also reflected in the headnotes: 1) It follows from…
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CoA, January, 26, 2026, final order concerning an application for the protection of confidential information under R. 262A RoP, UPC_CoA_631/2025, UPC_CoA_632/2025
Proportionality in the protection of confidential information: When deciding on the measures for the protection of confidential informaiton and assessing their proportionality, the Court must take into account the need to ensure the right to an effective remedy and to a fair trial, the legitimate interest of the parties and, where appropriate, of third parties,…
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CoA, January 26, 2026, order regarding a request pusuant to R. 262.2 RoP, UPC_CoA_917/2025
Difference between R. 262A RoP request and R. 262.2 RoP request: According to case-law, only R. 262A RoP allows the Court to restrict the use of confidential information by the opposing party and its representatives. A request under R. 262.2 RoP that certain information of written pleadings or evidence be kept confidential does not automatically…
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CoA, January 26, 2026, Order concerning a confidentiality request under R. 262A RoP, UPC_CoA_755/2025, UPC_CoA_757/2025, UPC_CoA_791/2025, UPC_CoA_793/2025
Proportionality in the protection of confidential information: When deciding on the measures for the protection of confidential information and assessing their proportionality, the Court must take into account the need to ensure the right to an effective remedy and to a fair trial, the legitimate interests of the parties and, where appropriate, of third parties,…
6 min Reading time→
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