UPC CFI LD Düsseldorf, 22 July 2024: intervener also to be a member of confidentiliaty club
05-08-2024 Print this page
Intervener to be treated as a party and entitled to have at least one natural person, in addition to his legal representatives, have access to classified confidential information (Rule 315 RoP, Rule 262A RoP)
The principle of equal treatment of intervener and party means that the intervener must be involved in the proceedings as a party (Tilmann/Plassmann/Dorn, Unitary Patent, Unified Patent Court, R. 315 VerfO, para. 17). R. 262A.6 RoP therefore also applies to him. He therefore has a right to extend the group of persons entitled to access to at least one natural person. Access Advance has not waived this right in the present case, for example in the form of a corresponding agreement with the defendants (cf: UPC_CFI_239/2024 (LD The Hague), order of 4 March 2024, ORD_590350/2023, para. 13 - Plant-e Knowledge v. Arkyne Technologies). The exclusion of all employees of the intervener from access to the persons classified as confidential in the main application therefore lacks a basis
