Oerlikon Textile v Bhagat Textile Engineers (CFI, 14 May 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By procedural order of 14 May 2024 (UPC_CFI_241/2023, ACT_549585/2023, ORD_27218/2024), the judge-rapporteur of the Milan Local Division set the arrangements for the interim conference of 27 May 2024 in Oerlikon Textile’s infringement action against Bhagat Textile Engineers on EP 2 145 848. The conference is public, but the Court may restrict attendance to the representatives for the points covered by confidentiality. It will be recorded and the recording made available to the representatives only on application and by order. The order shows how a local division reconciles open justice with trade secret protection as early as the interim stage.

Question

How should the transparency of the Court’s activity be reconciled with the protection of the parties’ confidential information at an interim conference where costs, which may reveal such information, are on the agenda?

Decision

The judge-rapporteur recalled that transparency, grounded in Article 1 of the Treaty on European Union, allows democratic scrutiny of public authorities and that UPC proceedings and decisions are public as a rule, the Register being open to the public. That principle must be balanced against the protection of the parties’ confidential information, in light of Directive (EU) 2016/943 on trade secrets and the confidentiality rules, the Court having already protected a document filed by the claimant. By 20 May 2024 the parties must file a summary of the points to be addressed and the orders sought, and inform the Registry of any persons other than their representatives who will attend. The cost of a private interpreter is borne by the party that uses one.

Key points for practice

• Practical point: the interim conference being public as a rule does not rule out a targeted closed session, a party wishing to protect information should identify in advance the points concerned and the persons who will attend.

Provisions applied

Agreement on a Unified Patent Court

Arts 10, 45 and 58

Rules of Procedure

Rules 103.1, 105.2, 106, 262.1 and 262A

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.