UPC CFI Local Division Hamburg, 3 november 2023: Confidentiality order and restriction of access to trade secrets of Tesla
04-11-2023 Print this page
Confidentiality order and restriction of access (Rule 262A RoP, Article 58 UPCA).
Prima facie evidence of trade secrets. The existence of a trade secret does not have to be established to the court's satisfaction, but it is sufficient if this is predominantly probable.
Information on the technical implementation of the attacked embodiment is deemed to be a trade secret as well as the information relating to the purchase prices of individual chips.
No protection regarding (a) information sent in a letter letter with a confidentiality requirement, but without the condition of a limitation of the circle of addressees, as now associated with the request for confidentiality and (b) information based on publicly available figures. Limitation of access.
The plaintiff may only make the designated information accessible to those representatives and internally only to those employees who have a legitimate interest in it. Access is limited to the authorised representatives of the plaintiff and the following persons […]. The fact that these persons are not employed by the plaintiff itself is irrelevant.
