UPC APP 12137/2024
—·EP2697391: METHOD AND PRODUCT FOR LOCALISED OR SPATIAL DETECTION OF NUCLEIC ACID IN A TISSUE SAMPLE
- Case details
- Status—Action—CategoryOther Procedural
- Parties
- RespondentsReps: Cameron Marshall (Carpmaels & Ransford); Agathe Michel-De Cazotte (Carpmaels & Ransford)
- Division
- Court of Appeal
- Judges
- Rian Kalden · Presiding Judge
- Ingeborg Simonsson · Legally Qualified Judge / Judge-Rapporteur
- Patricia Rombach · Legally Qualified Judge
- Technology
- Biotechnology
- Language
- —
- First decided
- Mar 28, 2024
- 2024-03-28
Order of the Court of Appeal (Panel 2) on an application by Curio Bioscience Inc. for restriction of access to confidential information under Rule 262A RoP. Curio sought to limit access to an unredacted document (CR-3) in the context of a pending language-change appeal. The Court held that a first-instance Rule 262A order restricting access to certain documents retains its force during appeal proceedings even if not directly challenged on appeal, and continues to govern access until the conclusion of the entire proceedings. Access to the confidential document was maintained restricted to specified persons.
Legal issues:Duration and effect of Rule 262A confidentiality order during appealAccess restriction to confidential information across proceedings stagesLanguage change application and its interaction with confidentiality orders - 2024-03-28
The Court of Appeal (Second Panel) ruled that the confidentiality order issued by the Düsseldorf Local Division on 11 March 2024 under R. 262A RoP (restricting access to document CR-3) continues to apply in the appeal proceedings, making Curio Bioscience's separate request for a confidentiality protection order in the appeal superfluous. The existing order covers 'outside these proceedings' broadly, including the appeal. No new order needed.
Legal issues:Protection of confidential information under R. 262A RoPContinuation of first-instance confidentiality orders in appeal proceedingsScope of non-disclosure obligations after proceedings end
- Anordnung%20R.262A%20final%20DE%20%28002%29.pdf2024-03-28GERMAN
- Order%20of%2028%20March%202024%20English%20translation.pdf2024-03-28ENGLISH