Attorney-Client Privilege In UPC Litigation Proceedings

Attorney-client privilege within the context of patents protects the confidentiality of the communications between a client and his/her patent attorney or any advisor enjoying the status of a patent attorney from compelled disclosure, provided the privileged material is not circulated to third parties, in which case the privilege is lost. Common law countries and civil law countries define and treat this privilege differently. The Unified Patent Court Agreement contains provisions reflecting civil law principles, but not devoid of common law principles, in particular insofar as attorney-client privilege is concerned, that go beyond the more limited privilege concept used by some civil law countries and those set by the European Court of Justice. The concept of privilege is distinct from the concept of confidentiality: a privileged communication must be confidential not to lose the privilege, but only some confidential communications as set by the applicable legal