Summary Of Confidentiality Orders Granted By The UPC

One of the objectives of the Unified Patent Court (UPC) is to ensure that proceedings are dealt with in a fair and equitable manner and do not distort competition between parties. To achieve this objective, the Court has implemented robust confidentiality measures designed to safeguard commercially sensitive information. The legal framework for these measures is primarily established by Article 58 of the UPC Agreement (UPCA), which grants the Court the authority to restrict or prohibit the collection and use of evidence in proceedings, as well as to limit access to such evidence to specific individuals. Parties can then apply for a confidentiality order under Rule 262A of the Rules of Procedure, which broadens the scope of such confidentiality orders to include information contained in a party's pleadings or exhibits.