A new order of the UPC Paris Central Division in favour of public access to documents
Following the 10 April 2024 decision of the UPC Court of Appeal (read here), a further order of the Paris Central Division of 24 April 2024 (ORD_587436/2023) allowed a request by a third party for access to written pleadings in a pending patent revocation proceeding before the UPC. The third party was interested due to their involvement in opposition proceedings before the EPO against the same patent.
In this case, the Central Division allowed immediate access to documents, given the compelling need of the third party to study the case before the end of the opposition proceedings. This represents a further development of the story compared to the framework of the Court of Appeal’s decision mentioned above, since in that case the interest of the third party was recognized only after a decision had been issued. Hence, the new order seems to confirm that a reasonable request may have good chances of success, possibly at any stage of the proceedings.
Stay tuned for any updates on this matter.
