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ARTICLE · 01 JUNE 2026

LD Düsseldorf, May 27, 2026, Order On Confidentiality, UPC_CFI_779/2024

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Where it is reasonably foreseeable that court-ordered disclosure may require revelation of confidential information, the defendant must raise confidentiality concerns during main proceedings. Failing to do so without adequate justification will typically result in denial of subsequent post-judgment requests

GermanyIntellectual Property

1. Key takeaways

Confidentiality concerns must be raised during main proceedings if the need for protection is reasonably foreseeable (R. 262A RoP).

Where it is reasonably foreseeable that court-ordered disclosure may require revelation of confidential information, the defendant must raise confidentiality concerns during main proceedings. Failing to do so without adequate justification will typically result in denial of subsequent post-judgment requests.

Purely hypothetical confidentiality orders covering information not yet part of the court file are inadmissible (R. 262.2 RoP).

Where the defendant’s out-of-court disclosures have not yet been filed with the court, and it remains uncertain whether further exchanges of submissions will occur, a request under R. 262.2 RoP lacks a factual basis and must be rejected

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