UPC CoA, 18 March 2026: Communicated trade secrets or confidential information need a confidentiality club regime or become public domain
13-05-2026 Print this pageIPPT20260318, UPC CoA, EOFlow v Insulet
Trade secrets or other confidential information ae no longer trade secrets or other confidential information if they are disclosed to the other party without an order pursuant to R. 262A RoP, or without any other restriction, for example an agreement between the parties or a voluntary undertaking. A request under R. 262.2 RoP does not automatically lead to protection against the other party disclosing the information.
Only a R. 262A RoP application allows the Court to restrict the use of confidential information by the other party. Once the information has been communicated by serving the briefs without any restriction (….), it is no longer confidential.