UPC CoA, 25 april 2025: Access to pleadings and evidence with use restrictions regarding other proceedings
17-06-2025 Print this page
Access to register after decision (R. 262 RoP) . Written pleadings or evidence that were not yet in the casefile at the time when the request for access was made, but were added to the casefile before a party commented on the request, can be covered by a decision granting access, provided that the request made clear that such documents were encompassed. Blanket requests for access to documents to be added to the case file at a later date cannot be admissible.
The granting of immediate access to written pleadings or evidence has been accompanied by the condition that the member of the public is not allowed to file the written pleadings in question, or parts thereof, with other courts or judicial instances such as the EPO Boards of Appeal, or distribute them elsewhere, until the present appeal has been adjudicated or otherwise closed. This does not prevent the member of the public from informing itself of the arguments brought forward in the case before the Court, including prior art, and if it chooses to, use the same arguments or prior art before the Boards of Appeal or elsewhere to support its own cases, or inform the Boards of Appeal that the arguments or prior art have been brought forward in the UPC proceedings
