2024-04-24 - CD Paris - NJOY v. Juul Labs - UPC_CFI_316/2023
- Aktenzeichen:
- UPC_CFI_316/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Order
- Parteien:
- Nicoventures Trading Limited v. NJOY Netherlands B.V and Juul Labs International Inc.
Kernaussage: In a first-wave application of R.
2024-04-24 - CD Paris - NJOY
v.
Juul Labs - UPC_CFI_316/2023
notable
In a first-wave application of R. 262.1(b) RoP guidance issued ten days earlier by the Court of Appeal (UPC_CoA_404/2023, 10 April 2024), the Paris Central Division (Haedicke, J-R) granted Nicoventures immediate public access to existing CMS-lodged pleadings and evidence in the NJOY v Juul Labs revocation action. Nicoventures was not a party to the UPC revocation action but was a party to parallel EPO opposition proceedings on the same patent, which gave it a specific direct interest in the UPC materials. The court refused three supplementary requests: (i) access to court-generated documents (these fall under R. 262.1(a) RoP and are limited to decisions/orders); (ii) access to future documents (no balancing is possible before they exist, and personal-data protection cannot be guaranteed); and (iii) access to documents not yet visible in the CMS (would burden the registry — applicant should wait). Because revocation proceedings implicate public interest in removing unjustified patents, the court imposed no confidentiality obligation on the applicant.
Stichwörter
Rule 262 RoP Request