Ep 7: Protective Orders

In this episode of You, me and the UPC, Charlie French and Naomi Hazenberg are joined by Eden Winlow to discuss the regime for protecting trade secrets and other confidential information in the UPC. The team cover decisions from the Dusseldorf Local Division in 10x Genomics v Curio and Fujifilm v Kodak, the Hague Local Division in Plant-e v Arkyne and the Paris Local Division in C-Kore v Novawell. Finally, the conversation turns to some practical points that have arisen from the discussion of the protection of confidential material in other cases.

Note: This episode was recorded before the protective orders in Dolby v HP (Dusseldorf Local Division) and Dish &Sling TV v Aylo (Mannheim Local Division) were made on 22 July 2024. In Dolby, the intervening pool administrator, Access Advance, was allowed the same level of access to confidential documents as the parties to the case. In Dish & Sling, three of the claimant’s employees were granted access to information on how the defendant’s products functioned. In addition, in its recent order in the Oerlikon v Himson case, the Milan Local Division has followed the approach of the German Local Divisions and refused to restrict access in a manner that would exclude all of the defendant’s employees.  

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All information was correct at the time of recording.