2024-08-08 - LD Düsseldorf - 10x Genomics v. Curio Bioscience - UPC_CFI_140/2024
- Aktenzeichen:
- UPC_CFI_140/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Application Order
- Parteien:
- 10x Genomics v. Curio Bioscience
Kernaussage: 1.
2024-08-08 - LD Düsseldorf - 10x Genomics
v.
Curio Bioscience - UPC_CFI_140/2024
1. In general, there is no reason to limit the authorised representatives of a party to a certain number or even to UPC representatives and their internal assistants, who must also be named (connection to UPC_CFI_471/2023 (LD Mannheim), Order of 3 July 2024, ORD_33986/2024 Aylo Freesites v. DISH). However, it must be clear who is obliged to maintain confidentiality and who can be held responsible and legally liable in the event of a breach of the confidentiality order.
2. In principle, it is the responsibility of each party to identify the natural persons to be granted access to the confidential information. Once a party has done so and has identified the natural persons to whom it wishes to grant access to the confidential information, it is for the other party to state the reasons why, in its opinion, such access should not be granted in the particular case.
notable
The Düsseldorf Local Division issued a confidentiality order under R. 262A RoP in the main proceedings, confirming that previous orders in parallel summary proceedings do not preclude a new order in the merits phase. The court held that there is generally no reason to limit authorised representatives to a fixed number or solely to named UPC representatives and their support staff, provided accountability is preserved. Restrictions suited to summary proceedings do not automatically carry over to the merits phase, where a different balance of expedition and right to be heard applies. The party invoking confidentiality bears the burden of justifying any restriction once the other party has identified the natural persons it wishes to grant access to.
Stichwörter
confidentiality club, summary proceedings, proceedings on the merits, confidentiality order, access of representatives