LD Düsseldorf, February 23, 2024, Secrecy Protection Order, UPC_CFI_463/2023

• Published date: 01 April 2024
• Subject Matter: Intellectual Property, Patent
• Law Firm: Bardehle Pagenberg
• Author: Ms Anita Peter

1.Key takeaways

The requirement to be heard prior to issuing a secrecy protection order according to R. 262A RoP applies only to the final secrecy order and access restriction

In the interest of effective secrecy protection, access can be further restricted until a final order is issued, namely to the representative of the plaintiff

In consideration of the characteristics of summary proceedings, for the sake of a fair trial the group of persons must be selected such that the party affected by the provisional secrecy protection order is fully capable of working and in a position to comment on each point raised by the opposing party

A a rule: a provisional restriction to 4 legal representatives (2 partners and 2 associates), 2 patent attorney representatives and 3 representatives of the client appears appropriate, whereby this group is extendable by 2 paralegals, if necessary

The group of persons entitled to access must always be examined on a case-by-case analysis

Thereby taking into account that according to R. 262A.6 sentence 1 RoP the group of persons who are granted access to the (allegedly) confidential...