UPC CoA, 20 January 2025: Recurring penalty payments can only imposed on parties, not their representatives
19-02-2025 Print this page
Penalty payment sanction (Article 82(4)UPCA) on a confidentiality order (Article 58 UPCA) can only be imposed on a party, but not against their representatives, which does not exclude the parties' liability for infringements by their representatives.
Insofar as the requests relate to court staff, there is also no legal basis, since neither Rule 262 nor Rule 262A RoP is applicable with regard to court staff. It should also be noted that court staff are subject to a duty of confidentiality that extends beyond their period of service, in accordance with Article 5.3 of the Staff Regulations of Officials and other servants of the Unified Patent Court.
IPPT20250120, UPC CoA, Amazon v Nokia- II
A confidentiality order encompasses appeal proceedings, unless the order provides otherwise (R. 262A RoP)
