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ARTICLE · 20 APRIL 2026

UPChronicle - April 2026

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

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The Unified Patent Court has rapidly established itself as a central venue for European patent disputes, but how does it handle the protection of sensitive commercial information? This analysis examines the UPC's evolving framework for confidentiality orders, exploring the procedural requirements, the court's balancing...

United KingdomIntellectual Property
Scott Foster
Scott Foster
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Since its launch in June 2023, the UPC has quickly become a key forum for patent litigation in Europe. A particularly important practical issue is the protection of confidential information, as such disputes often involve sensitive technical and commercial material, including trade secrets, FRAND terms and proprietary know how.

This edition of the UPChronicle examines the legal framework governing confidentiality protection in UPC proceedings, drawing on the court’s growing body of case law to consider how confidentiality orders are obtained, how the court balances competing interests, the operation of confidentiality clubs, and the sanctions available for breach.

Legal framework

The protection of confidential information is governed by Article 58 UPCA, which empowers the court to protect trade secrets, personal data, or other confidential information of a party or third party by ordering that the collection and use of evidence be restricted or prohibited, or that access to such

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