Rule 115 – The oral hearing

The oral hearing and any separate hearing of witnesses shall be open to the public unless the Court decides to make a hearing, to the extent necessary, confidential in the interests of one or both parties or third parties or in the general interests of justice or public order. The hearing shall be audio recorded. The recording shall be made available to the parties or their representatives at the premises of the Court after the hearing. Rule 103 shall apply mutatis mutandis.

Relation with Agreement: Article 45

Case Law:

Court of Appeal

IPPT20260330, UPC CoA, Amazon v InterDigital
A party or its representative may prepare a private transcript of an oral hearing, based on an audio recording pursuant  R. 115 RoP. When producing a private transcript, a party or its representative may obtain support of an assistant or support staff, such as a stenographer, working in the presence and under the supervision of the party and/or its representative. “Making available” means listening at the Court premises only; parties may not copy or store the recording. Assistants may only access confidential content if bound by confidentiality obligations, with the party remaining responsible. Private transcripts may be used for internal purposes and in UPC proceedings, including appeals. They may be used in foreign proceedings only if clearly identified as private, non-authoritative, and subordinate to the audio recording. Use is subject to confidentiality orders and data protection rules.

Court of First Instance

IPPT20251127, UPC CFI, LD Mannheim, InterDigital v Amazon
Defendants granted access to listen to the recording of the oral hearing before the Local Division Mannheim dated 14 November 2025 , in conformity with established confidentiality regime. (Rule 262 RoP, R. 115 RoP) Request to produce a complete transcript with the help of a stenographer rejected.  It is not necessary for the case at hand to coordinate with counsel of Defendants in non-UPC jurisdictions . Rule 115 RoP does not foresee that the UPC provides full transcripts of its hearings. A complete transcript of an audio recording is to be excluded especially in cases, where the parties set up a confidentiality regime and applied for the exclusion of the public during parts of the oral hearing. 
 

IPPT20250926, UPC CFI, LD Dusseldorf, Labrador v bioMerieux
Order of summons for an open public oral hearing (R. 108 RoP, R. 115 RoP).
 

IPPT20250205, UPC LD Munich, Edwards v Meril
Parties are summoned to oral hearing on 11 Feb 2025 (R 115 RoP)

IPPT20231003, UPC CFI, LD Munich, Huawei v Netgear

1) Workflows.  According to Rule 4.2 RoP, the parties are required to use official forms provided online, including the various workflows, such as, for instance, for the main proceedings, for Rule 262 RoP or Rule 262A RoP.  The exclusion of the public from the interim hearing and the oral proceedings is governed by Rules 105.2 and 115 RoP. Separate workflows are not available in this respect. Consequently, applications relating to this must be submitted in the workflow of the main proceedings (here: infringement proceedings).