Overview · Filed: —
APL_20002/2024
AppealsMain AppealCourt of AppealAppeal RoP220.1—
This case cites
Authorities cited within the decisions on file for this case.
Rules of Procedure · 5
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 192 | preservation of evidence procedure | Binding | Article 60 UPCA and Rules 192 et seq. RoP implies a request to disclose to the applicant the outcome of the measures, including the report written by the person who carried out the measures. |
| 196 | use of evidence in merits proceedings | Binding | This follows from the fact that the legitimate purpose of the measures is the use of the evidence in proceedings on the merits of the case (Rules 196.2 and 199.2 RoP) |
| 196 | confidential disclosure order | Binding | Rules 196.1 and 199.1 RoP provide that the Court may decide in its order that the evidence shall be disclosed to certain named persons and shall be subject to appropriate terms of non-disclosure. |
| 196 | access during inspection execution | Binding | by granting access only to the representatives of the applicant whom the Court, pursuant to Rule 196.3(a) RoP, has authorised to be present during the execution of the measures |
| 197 | review request; tacit approval for disclosure | Binding | the failure to file a request for review under Rule 197.2 RoP implies tacit approval for full disclosure of the expert report and annexes |
EPC article · 3
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 60 | preservation of evidence / disclosure | Binding | An application for the preservation of evidence or inspection of premises within the meaning of Article 60 UPCA and Rules 192 et seq. RoP implies a request to disclose to the applicant the outcome of the measures |
| 60 | confidential information protection | Binding | Pursuant to Article 60(1) UPCA the order must be subject to the protection of confidential information |
| 60 | revocation of evidence preservation measures | Binding | Pursuant to Article 60(8) UPCA the Court shall ensure that measures to preserve evidence or to inspect premises are revoked or otherwise cease to have effect, at the defendant's request |
courtName.other · 3
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| Directive 2004/48/EC Art. 7(1) | confidential information in enforcement proceedings | Background | Pursuant to Article 60(1) UPCA the order must be subject to the protection of confidential information (see also Article 7(1) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights) |
| Directive 2004/48/EC Art. 7(3) | revocation time limit for evidence measures | Background | see also Article 7(3) of Directive 2004/48/EC and Article 50(6) of the Agreement on Trade-Related Aspects of Intellectual Property Rights |
| TRIPS Art. 50(6) | revocation time limit for provisional measures | Background | see also Article 7(3) of Directive 2004/48/EC and Article 50(6) of the Agreement on Trade-Related Aspects of Intellectual Property Rights |
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