2025-04-23 - LD Hamburg - Malikie Innovations v. Nintendo - UPC_CFI_537/2024
- Aktenzeichen:
- UPC_CFI_537/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Hamburg (DE) Local Division
- Art:
- Application Order
- Parteien:
- Malikie Innovations v. Nintendo
Kernaussage: 1.
2025-04-23 - LD Hamburg - Malikie Innovations
v.
Nintendo - UPC_CFI_537/2024
1. A confidentiality request is not too broad when asking that any information obtained on a non-confidential basis should still be protected if it originated from a source that is itself bound by a confidentiality agreement with the disclosing party or its affiliates.
2. The burden imposed on the other party, to verify that a disclosing third party is not bound by a confidentiality agreement itself, is not an undue one.
The Hamburg Local Division granted an Application for Confidentiality which was directed at "all information that was obtained on a non-confidential basis if it originated from a source that was itself bound by a confidentiality agreement". The Court went into detail regarding the weighing of interests and found that the application was not too broad.
Stichwörter
Rule 262A.Art. 58 UPCA Art. 9 (EU) 2016/943. Disclosure by third party.