AGFA v Gucci Belgium (CFI, 9 August 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 9 August 2024 (UPC_CFI_278/2023, ACT_561734/2023, ORD_39257/2024), the judge-rapporteur of the Hamburg Local Division (S. Schilling) granted the application of the nine Gucci group defendants and classified as confidential under Rule 262A RoP the information on the group’s internal organisation, supply chain and sales data in the Statement of Defence, the Rejoinder and their exhibits, in AGFA’s infringement action on EP 3 388 490. Only use outside the proceedings is prohibited, with no restriction of access to particular persons.

Question

What standard of proof of a trade secret applies where the applicant seeks only to bar use of the information outside the proceedings?

Decision

For a mere restriction on use, it is enough that trade secret status is predominantly probable, Art. 58 UPCA covering a broad range of information. The balancing is less strict than for a restriction on access, and a lower degree of probability may suffice (paragraph 2). Quality control thresholds, supply chain details, manufacturing tools, machine settings, company roles and written testimonies may be protected, at least in aggregate. File and exhibit references are not protected in themselves. AGFA showed no undue impairment of its case. The obligation survives the proceedings, under threat of a penalty payment, and the order cannot be appealed on its own.

Key points for practice

• Practical point: an application limited to barring use outside the proceedings, without a restricted circle, succeeds on a lighter standard of proof of the trade secret.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rules 220.1, 220.3, 262 and 262A

Other provisions

Directive (EU) 2016/943, Art. 9

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.