UPC Local Division Munich, 3 October 2023: on the need to use the appropriate workflows and automatic provisional condidentiality protection under the Rule 262 RoP workflow
08-12-2023 Print this page
1) Workflows. According to Rule 4.2 RoP, the parties are required to use official forms provided online, including the various workflows, such as, for instance, for the main proceedings, for Rule 262 RoP or Rule 262A RoP. Within these workflows, no further applications are to be submitted that are assigned to other workflows and/or require different handling.
2) Automatic provisional protection against public access. In the workflow in accordance with Rule 262.2 RoP, a party can apply for protection against third party access. Provisional protection is automatically provided upon receipt of the request. If a third party requests access, the request will be reviewed by a court. This also applies in the event that this information is contained in an order or decision of the court. The requesting party and the third party are parties to the proceedings. Other parties to the proceedings are not involved in the proceedings.
3) Inter parties protection of confidential information requires hearing the other party. In the workflow pursuant to Rule 262A RoP, a party may request protection for confidential information from another party to the proceedings. Before the order is issued, this other party to the proceedings must be heard (Rule 262A.4 RoP).
4) The exclusion of the public from the interim hearing and the oral proceedings is governed by Rules 105.2 and 115 RoP. Separate workflows are not available in this respect. Consequently, applications relating to this must be submitted in the workflow of the main proceedings (here: infringement proceedings).
