Shenzhen Dianming Technology v SWARCO Futurit Verkehrssignalsysteme (CFI, 22 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 22 July 2025 (UPC_CFI_245/2025, App_29763/2025), Judge Schober, presiding judge and judge-rapporteur of the Vienna Local Division, granted Shenzhen Dianming Technology, a third party, access to the written pleadings and evidence in the infringement proceedings on EP 2 643 717 between SWARCO Futurit Verkehrssignalsysteme and STRABAG Infrastructure & Safety Solutions, in which Chainzone Technology (Foshan) intervenes in support of the defendant. Access is limited to versions redacted for personal data and for the confidential information identified by the claimant and the intervener.

Question

May a third party obtain access to the file in proceedings whose first-instance decision of 15 January 2025 is under appeal, and within what limits?

Decision

Rule 262 RoP extends to access to documents the principle of public proceedings in Article 45 UPCA and gives weight to the public’s interest in information. Access should therefore in principle be granted, especially where no interest of the parties worthy of protection stands in the way. The claimant consented except for personal data. The intervener, with no objection in principle, asked that the redactions made on an earlier access request by Yunex (Fraunhofer reports, expert opinion) be maintained as trade secrets. The defendant did not comment. As no general ground for refusal was raised or apparent, the Registry is to provide the redacted versions.

Key points for practice

• Practical point: a party seeking to protect trade secrets against a public access request must identify the passages to be redacted precisely, redactions accepted on a first request are carried over to later ones.

Provisions applied

Agreement on a Unified Patent Court

Art. 45

Rules of Procedure

Rule 262(1)(b) and (2)

Regulation (EU) 2016/679 (GDPR)

Art. 4(1)

Case law cited

Court of Appeal, UPC_CoA_404/2023

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.