1. Key takeaways
This decision highlights the importance of ensuring representatives before the UPC are independent, as required by Article 48(5) UPCA. The court emphasized that representatives cannot be employees or individuals with significant financial ties to the represented party.
In this case, the claimant's representative's position as managing director and main shareholder was found to compromise their independence, leading to the inadmissibility of claimant's application under Rule 262A RoP.
Despite the inadmissibility of the application for protection of confidential information of the respondent, the panel emphasized that the confidential nature of the information remains protected under European Union Law, specifically Directive (EU) 2016/943, which defines and protects trade secrets.
Accordingly, the court ordered that the persons admitted to the confidentiality ring are obliged not to disclose the confidential information present in the documents.
2. Division
Central Division Paris
3. UPC number
UPC_CFI_164/2024, ACT_18406/2024, ORD_41174/2024
4. Type of proceedings
Order on the need for confidentiality
5. Parties
Applicant/Defendant: Microsoft Corporation
Respondent/Claimant: Suinno Mobile & AI Technologies Licensing Oy
6. Patent(s)
EP 2 671 173
7. Body of legislation / Rules
Rule 262A RoP
Article 48 (5) UPCA
Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets)
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