UPC Local Division Hamburg, 4 October 2023: Protection of confidential information and competence of the judge-rapporteur

25-10-2023 Print this page
IPPT20231004, UPC CFI, LD Hamburg, Avago v Tesla

Protection of confidential information (Rule 262A RoP). 

Pursuant to Rule 262A(4) RoP, the representative of the other parties must be invited to submit written comments prior to making any order.

However, in the interest of effective protection of secrets, the requirement to be heard before issuing an order only applies to the final order of a secrecy order and access restriction. In the interest of effective protection of secrets under Directive (EU) 2016/943 access may be further restricted until a final order is issued, namely to the person of the claimant's representative.

The discussion of the confidentiality application with the party is possible with the redacted versions of the documents concerned.


In substance, the information on the product-specific design of the contested embodiment, the purchase prices of individual chips and the information on the sales result to be forecast are probably business or trade secrets. With regard to the information in Annex B 4, the details of the disclosure to the plaintiff are likely to be decisive.


The competence of the judge-rapporteur for the present order in the written procedure follows from Rule 331(1) in connection with 334 and 335 of the Rules of Procedure.


IPPT20231004, UPC CFI, LD Hamburg, Avago v Tesla