2024-07-09 - LD Mannheim - Panasonic v. OPPO et al. - UPC_CFI_210/2023

1. A secrecy protection order can still be issued even if a document containing confidential information has been inadvertently unedited and thus uploaded to the CMS so that it is directly visible to the opposing representatives. 2. There is also a need for legal protection for a court order for the protection of secrets if the parties have agreed a non-disclosure agreement (NDA). 3. In the context of disputes concerning sensitive FRAND matters, access to the information requiring protection may also be granted to three natural persons of the party, depending on the circumstances of the individual case. 4. Access to the sensitive information in proceedings before the UPC shall be granted exclusively to authorized representatives pursuant to Art. 48 UPCA who represent the parties in the specific proceedings and in further proceedings before the UPC. Disclosure to legal representatives appointed in parallel national proceedings is not permitted for the purpose of use in national proceedings (contrary to Local Chamber Munich, Panel 1, order of July 4, 2024, UPC_CFI_220/2023, ORD_26378/2024).

This order is explicitly contradiction the LD Munich's order on disclosing information to representatives in parallel proceedings