UPC Local Division: Confidentiality Order

In principle, there is no reason to limit a party’s authorized representatives to a certain number or only to representatives admitted before the Unified Patent Court and their internal assistants, who must also be named. It must, however, be clear who is obliged to maintain confidentiality and who can be held accountable and legally liable in the event of a breach of the confidentiality order. In principle, each party is responsible for identifying the natural persons to whom access to the confidential information should be granted. If one party does so and designates those individuals who are to be granted access to the confidential information, it is incumbent on the other party to state the reasons why, in its view, such access should not be granted in the specific case (Local Division Düsseldorf, 8 August 2024, Court of First Instance 140/2024).