Gowling WLG v ZENTIVA PORTUGAL (CFI, 6 March 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 6 March 2026 (UPC_CFI_282/2026), the judge-rapporteur of the Lisbon Local Division largely granted Gowling WLG’s request, as a member of the public under Rule 262.1(b) RoP, for access to the pleadings in the provisional measures proceedings between Boehringer Ingelheim International and Zentiva Portugal (UPC_CFI_41/2025), closed by a final order of 8 May 2025. Access to the pleadings was granted in their redacted versions and with personal data anonymised. The request for all exhibits was dismissed as insufficiently specific.

Question

May a third party obtain access to the pleadings and exhibits of closed provisional measures proceedings while the action on the merits is pending, and on what conditions?

Decision

The principle of publicity in Art. 10 and 45 UPCA allows confidentiality only to the extent necessary, and the request must state its purpose and the documents sought (paragraphs 8 and 9). The request for eighteen listed pleadings is sufficiently reasoned (paragraph 13), the request for all exhibits, without identifying any, is inadmissible (paragraph 14). As the proceedings were closed by a final decision, the balance of interests favours access, and the provisional nature of the order and the pending action on the merits do not alter that (paragraphs 15 and 16). Zentiva did not explain why protection under Rule 262.2 RoP would be insufficient, and the redacted versions filed by both parties were accepted (paragraphs 17 to 19).

Key points for practice

• A request for access to exhibits must identify the specific exhibits sought. A global request is rejected (paragraph 14).
• Practical point: a party opposing access should file redacted versions under Rule 262.2 RoP and explain why they would not suffice.

Provisions applied

Agreement on a Unified Patent Court

Art. 10 and 45

Rules of Procedure

Rules 213.1, 262.1(b), 262.2, 262.3 and 333

Other texts

Regulation (EU) 2016/679 (GDPR)

Case law cited

Ocado v Autostore, Court of Appeal, 10 April 2024, Abbott v Powell Gilbert, Court of Appeal, 9 January 2025, Docket Navigator v Syngenta, Court of Appeal, 19 December 2025, Huawei and Netgear v TP-Link, Court of Appeal, 17 February 2026, Gowling WLG (Boehringer v Zentiva), Court of Appeal, 24 February 2026

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.