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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Journal of Intellect...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
Journal of Intellectual Property Law & Practice
Article . 2024 . Peer-reviewed
License: OUP Standard Publication Reuse
Data sources: Crossref
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Publicity of proceedings before the Unified Patent Court

Authors: Vilhelm Schröder;

Publicity of proceedings before the Unified Patent Court

Abstract

Abstract On 1 June 2023, the Unified Patent Court (UPC) opened its doors. One of the most discussed and debated topics during the first year of operation of the UPC has been the publicity of the proceedings. This article discusses (i) access requests by the public, and (ii) restricting access within the proceedings. The court has now handed down several decisions on access requests by the public. Different approaches were adopted by the Munich section of the central division and the Nordic-Baltic regional division. The order by the latter division was appealed and we now have guidelines from the Court of Appeal on how the rules should be interpreted. The UPC has also given several orders related to the protection of trade secrets and confidential information within the proceedings. The questions the court has had to deal with are far from easy. They require careful balancing of several interests, such as publicity and confidentiality as well as the right to a fair trial. The Hague local division held that access to certain documents could be restricted only to legal representatives (‘attorneys’ eyes only’), where the relevant party had waived its right to review the documents. Generally, however, the UPC has in its orders allowed at least one natural person from each party to review all documents, which follows the wording of the Rules of Procedure. The Court of Appeal is yet to rule on these questions.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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