UPC CFI LD Düsseldorf, 11 March 2024: Membership Rules Confidentiality Club

Confidentiality club membership rules (Rule 262A RoP): 

a)    should not be greater than necessary to ensure that the right of the parties to the proceedings to an effective remedy and a fair trial is respected, 

b)    must include at least one natural person from each party and the respective lawyers or representatives.

c)    Is, in principle, the responsibility of the respective party to name the persons for membership 

d)    the exclusion of a person cannot be justified solely on the grounds that the designated person is active in the technical field related to the patent in question. It is precisely for this reason that the person concerned is often only in a position to provide their company and its representatives with the information required for effective legal action. 

e)    members must comply with the confidentiality obligations imposed on them, which can be enforced, if necessary, by the imposition of fines or enforced in accordance with national law. 

f)    membership must always be subject to a case-by-case examination and, if necessary and appropriate, adapted to the requirements of the respective proceedings.

IPPT20240311, UPC CFI, LD Düsseldorf, 10x Genomics v Curio Bioscience