ARTICLE
24 September 2024

LD Hamburg, September 17, 2024, Order On Application Pursuant To R. 262.1(b) RoP, UPC_CFI_151/2024

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Bardehle Pagenberg

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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.
Application to get access to written pleadings and evidence granted (R. 262.1(b) RoP), but limited to redacted versions (R. 262.2 RoP)...
Germany Intellectual Property

1. Key takeaways

Application to get access to written pleadings and evidence granted (R. 262.1(b) RoP), but limited to redacted versions (R. 262.2 RoP)

The access to the written pleadings and evidence is conditioned to a reasoned request, R. 262.1(b) RoP. Gaining a better understanding of one of the first UPC decisions regarding an application for provisional measures can be a credible explanation to get access to the pleadings or evidence. Pending appeal proceedings are no reasons to deny access to pleadings and evidence submitted in the first instance proceedings which are terminated.

When a request pursuant to R. 262.1(b) RoP is made, the interests of a member of the public of getting access to the written pleadings and evidence must be weighed against the interests mentioned in Art. 45 UPCA. These interests include the protection of confidential information and personal data.

A party can at any stage – also after the end of the proceedings – request confidentiality of certain information submitted under R. 262.2 RoP.

The protection of confidential information (technical data and internal company information) outweighs the other party's general interest in better understanding one of the first UPC decisions regarding an application for provisional measures (especially as long as the general line of arguments and nature of evidence can still be examined by the applicant pursuant to R. 262.1(b) RoP).

2. Division

LD Hamburg

3. UPC number

UPC_CFI_151/2024

4. Type of proceedings

Application for provisional measures

5. Parties

Applicant: Powell Gilbert LLP

Claimant: Ballinno B.V.

Defendants: 1) Union des Associations Européennes de Football (UEFA), 2) Kinexon GmbH, 3) Kinexon Sports & Media GmbH

6. Patent(s)

EP 1 944 067

7. Body of legislation / Rules

Rule 262.1(b) and 262.2 RoP, Art. 10, 45 UPCA

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2024-09-17_LD Hamburg_UPC_CFI_151-2024

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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