Decisions by the UPC local divisions on the approach to confidentiality clubs

08.04.2024

As readers will recall from the post published on 20 March 2024, the Düsseldorf Local Division issued an order in 10x Genomics v Curio (UPC_CFI_463/2023), which departed from the approach taken by The Hague Local Division in Plant-e v Arkyne (UPC_CFI_239/2023) on access to confidential information. The Hague Local Division concluded that access to Plant-e’s confidential information should be limited to only Arkyne’s legal representatives and not include any individuals from the parties involved. In contrast, the Düsseldorf Local Division held in 10x Genomics v Curio that the group of individuals authorised to access confidential information must include at least one natural person from each party and their lawyers or representatives to ensure the parties’ right to a fair trial.

Subsequently, the Düsseldorf Local Division has issued an order in Fujifilm v Kodak which reaffirms its approach in 10x Genomics v Curio. However, the Paris Local Division shed a new light on this issue in its decision in C-Kore v Novawell. It concluded that parties may forego the right to include employees in a confidentiality club by agreement.

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Rebecca Daramola

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