Trade Secrets Law

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IPPT20231117, UPC CFI, CD Munich, Astellas v Healios

Inter parties restricted access to confidential commercial information (Rule 262A RoP). Unrestricted access to specific document containing commercially sensitive information not necessary to understand Claimant’s legal position. Access restricted to specific natural persons, at least natural party form each party (not limited to employees) and the respective lawyers, or other representatives of those parties to the legal proceedings. Public access to confidential commercial information restricted (Rule 262 RoP). The Court grants request to keep the information in the Confidential Annex confidential for third parties, provided a redacted version thereof is submitted (Rule 262(2) RoP).


IPPT20231103, UPC CFI, LD Hamburg, Avago v Tesla

Confidentiality order and restriction of access (Rule 262A RoPArticle  58 UPCA). Prima facie evidence of trade secrets. The existence of a trade secret does not have to be established to the court's satisfaction, but it is sufficient if this is predominantly probable. Information on the technical implementation of the attacked embodiment is deemed to be a trade secret as well as the information relating to the purchase prices of individual chips. No protection regarding (a) information sent in a letter  letter with a confidentiality requirement, but without the condition of a limitation of the circle of addressees, as now associated with the request for confidentiality and (b) information based on publicly available figures. Limitation of access. The plaintiff may only make the designated information accessible to those representatives and internally only to those employees who have a legitimate interest in it. Access is limited to the authorised representatives of the plaintiff and the following persons […]. The fact that these persons are not employed by the plaintiff itself is irrelevant.


IPPT20231004, UPC CFI, LD Hamburg, Avago v Tesla

Protection of confidential information (Rule 262A RoP). In substance, the information on the product-specific design of the contested embodiment, the purchase prices of individual chips and the information on the sales result to be forecast are probably business or trade secrets. 




IPPT20101216, CJEU, Natuur en Milieu v Ctgb

Interest of protection of industrial or commercial secret may be outweighed public interest served by disclosure. the balancing exercise on a case by case basis. Term ‘environmental information’ includes information submitted for the authorisation f a plant protection product.




IPPT20080214, ECJ, Varec v Belgian State

Respect business secrecy: The body responsible for the reviews must ensure that confidentiality and business secrecy are safe-guarded in respect of information contained in files communicated to that body by the parties to an action, although it may apprise itself of such information and take it into consideration.