CD Paris, June 26, 2024, Order, UPC_CFI_164/2024

1. Key takeaways

Independence of a counsellor is measured with reference to the possible harm to the interests of the party

The fact that the representative of a party is also the inventor of the patent-in-suit, the original applicant of the application underlying the patent-in-suit and the managing director of the first assignee of the patent does not automatically contradict the independence of the counsellor as required in R. 290 (2) RoP in conjunction with Art. 2.4.1. of the Code of Conduct for Representatives, according to which 'A representative shall act towards the Court as an independent counsellor by serving the interests of his/her Clients in an unbiased manner without regard to his/her personal feelings or interests'.