ARTICLE
29 October 2024

CD Munich, October 22, 2024, Public Access To The Register, UPC_CFI_1/2023, UPC_CFI_14/2023

BP
Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
The general principle laid down in the UPCA is that the register is public and the proceedings are open to the public, unless the balance of interests involved is such that they are to be kept confidential...
Germany Intellectual Property

1. Key takeaways

Rule 262.1(b) RoP does not provide a legal basis for making available documents that are not written pleadings or evidence.

The general principle laid down in the UPCA is that the register is public and the proceedings are open to the public, unless the balance of interests involved is such that they are to be kept confidential, which means that in such case access to the public is to be denied. The interests include the protection of confidential information and personal data but are not limited thereto.

Documents that cannot be considered as "written pleadings or evidence" are neither covered by the wording nor the purpose of R. 262.1(b) RoP. In this case, applicant has not provided any explanation why the information of such other documents was needed.

see also:

CD Munich 21 September 2023, ORD_552745/2023 in ACT_464985/2023

Central Division (Paris Seat) 24 April 2024, ORD_587436/2023 in ACT_571808/2023

"Reasoned request" in Rule 262.1(b) RoP

"Reasoned request" in Rule 262.1(b) RoP means a request that states which written pleadings and evidence the applicant wishes to obtain, specifies the purpose of the request and explains why access to the specified documents is necessary for that purpose (Court of Appeal (´CoA´) order of 10 April 2024, APL_584498 Ocado/Autostore, par. 44).

2. Division

Central Division Munich / Panel 1

3. UPC number

UPC_CFI_1/2023 ORD_47238/2024 or ORD_47230/2024

UPC_CFI_14/2023 ORD_47235/2024

4. Type of proceedings

Rule 262.1(b) RoP request

5. Parties

APPLICANT

Dehns, St Bride´s House, 10 Salisbury Square – EC47 8JD – London – GB

CLAIMANTS IN THE MAIN PROCEEDINGS (Counterclaim for revocation)

Regeneron Pharmaceuticals Inc., 81 Columbia Turnpike 12144 Rensselaer US

CLAIMANTS IN THE MAIN PROCEEDINGS (Revocation action)

  1. Sanofi-Aventis Deutschland GmbH, Brüningstrasse 50 – 65926 – Frankfurt – DE,
  2. Sanofi-Aventis Groupe, 2 Avenue Raspail – 94250 – Gentilly – FR,
  3. Sanofi Winthrop Industrie S.A., 82 Avenue Raspail – 94250 – Gentilly – FR

DEFENDANT IN THE MAIN PROCEEDINGS

Amgen, Inc., One Amgen Center Drive – CA 91320-1799 – Thousand Oaks – US,

6. Patent(s)

EP 3 666 797

7. Body of legislation / Rules

Rule 262.1(b) RoP, Art. 45 UPCA

UPC 1_2023 ACT_459505_2023_Order Oct_2024_ public access to the register  Download

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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