UPC CFI, LD Mannheim, 2 June 2025: Inherent use restrictions apply to information communicated pursuant to a court order
22-08-2025 Print this page
Confidentiality club application dismissed (R. 262A RoP) for information to be communicated pursuant to a court order
(Article 67 UPCA). R. 262A RoP applies only to information contained in the pleadings of the parties to the proceedings.
Restrictions inherent to the order to provide information on the use of the information: The information, which Defendants have been ordered to provide, may only be used to identify third infringers, to determine and calculate damages and to verify information obtained from the Defendants in this regard (cf. decision on the merits, para. 121). In particular, Claimant is not allowed to use the information in order to gain a competitive advantage.
Moreover, any unauthorised or improper use may in addition constitute a breach of business secrecy within the meaning of Directive (EU) 2016/943 (“Trade Secrets Directive”)
