Curio Bioscience v 10x Genomics (CoA, 28 March 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 28 March 2024 (UPC_CoA_101/2024, App_12137/2024), the Court of Appeal rejected, without examining its merits, the application for protection of confidential information filed by Curio Bioscience in its appeal against the refusal to change the language of the provisional measures proceedings brought by 10x Genomics before the Düsseldorf Local Division (EP 2 697 391). It nevertheless instructed the Registry to make the partially redacted Annex CR-1 available only to the persons named in the Local Division’s order of 11 March 2024. According to the headnote, a first instance order under Rule 262A RoP that has not been appealed remains in force after the proceedings have ended, and so during the appeal, unless the order provides otherwise.

Question

Is a fresh confidentiality order needed on appeal where the Local Division’s order already protects the same information?

Decision

Article 9(1), second subparagraph, of Directive (EU) 2016/943 indicates that the confidentiality obligation continues after the legal proceedings have ended, any other limit having to be expressly ordered (paragraph 9). The order of 11 March 2024 prohibits use of the information outside the proceedings, which covers any proceedings before the UPC, including the appeal (paragraphs 11 and 12). Curio’s application was therefore superfluous for lack of a legitimate interest, and documents already filed at first instance may simply be referred to (paragraph 13). The wider circle of persons suggested by 10x Genomics was not before the Court, since the Local Division’s order had not been appealed (paragraph 14).

Key points for practice

• A confidentiality order made at first instance continues to apply on appeal unless it provides otherwise (headnote and paragraphs 9 to 12).
• The appeal is not the place to change the circle of authorised persons fixed by an order that was not challenged (paragraph 14).

Provisions applied

Rules of Procedure

Rules 102 and 262A

Directive (EU) 2016/943 on trade secrets

Art. 9(1), second subparagraph

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.