2025-12-19 - CoA - Sumi Agro v. Syngenta - UPC_CoA_523/2024

Copyright is not a general interest that must be observed pursuant to Art. 45 UPCA when a member of the public requests access to the register pursuant to R. 262.1(b) RoP. The interests of copyright holders are duly protected by the procedures for copyright infringements available in national courts. The objectives of balancing the interests pursuant to Art. 45 UPCA, and the requirement of representation ensure the proper conduct of proceedings, and would be compromised if access to written pleadings and evidence was granted pursuant to R. 262.1(b) RoP to a company that intends to make these documents publicly available to its subscribers on its patent litigation intelligence platform. This is not an interest that is protected under Art. 45 UPCA.

CoA rejected Docket Navigator's request for access to UPC pleadings and evidence for commercial redistribution on its litigation intelligence platform. Commercial redistribution circumvents R. 262.1(b) individual assessment and representation framework. Copyright is NOT a relevant factor in Art. 45 UPCA balancing — protected by national courts.