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1. Key takeaways
An applicant’s predominantly personal interest in access to the register may result in strict confidentiality obligations under Rule 262.2 RoP
When deciding on a confidentiality request under Rule 262.2 RoP, the Court may take into account that the applicant has a predominantly personal interest in accessing the register. As a result, the Court may apply strict standards and prohibit the applicant from disclosing the granted information to any third parties (Sec. 30).
Apart from this, the order confirms the already established principles that public access during ongoing proceedings requires a specific interest (Sec. 24) but once first-instance proceedings have concluded, public interest generally outweighs confidentiality concerns – no matter whether an appeal is pending, whether the order concerns provisional measures or whether the same information or evidence also relates to parallel proceedings on the same patent or patent family (see Sec. 22 et seq.).
2. Division
Local Division Düsseldorf
3. UPC number
UPC_CFI_226/2024
App_57167/2024
4. Type of proceedings
Application for access to the register (Rule 262.1(b) RoP)
5. Parties
Applicant: Lars-Oliver Eggersdorfer
Claimant: Dolby International AB
Defendants: Optoma Deutschland GmbH, Optoma Europe Ltd., Optoma Corporation
6. Patent(s)
EP 3 605 534
7. Jurisdictions
UPC
8. Body of legislation / Rules
R. 206, 262.1(b), 262.2 RoP
Art. 45 UPCA.
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