STRABAG Infrastructure & Safety Solutions v SWARCO FUTURIT Verkehrssignalsysteme (CoA, 1 August 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 1 August 2025 (UPC_CoA_70/2025), the UPC Court of Appeal ruled on the confidentiality requests filed by STRABAG Infrastructure & Safety Solutions and by the intervener Chainzone Technology (Foshan) in the appeal against the Vienna Local Division’s decision of 15 January 2025 in SWARCO FUTURIT’s infringement action (EP 2 643 717). It lays down three rules on the interplay between Rules 262.2 and 262A RoP and on the concept of a trade secret.

Question

Can a restriction of access and use against the other party be sought for the first time on appeal for documents filed without reservation at first instance, and which product features amount to a trade secret?

Decision

Restrictions of access and use against a party and its representatives can only be ordered under Rule 262A RoP. A request under Rule 262.2 RoP, which concerns public access only, confers no interim protection (paragraphs 19 to 21). The request must be made when the document is filed (Rule 262A.3 RoP): made for the first time on appeal for a measurement report already filed at first instance, it is inadmissible (paragraphs 24 and 25). Product features that are not readily accessible to third parties and can only be determined through time-consuming analysis are trade secrets under Article 58 UPCA, provided they are kept confidential (paragraphs 14 to 17 and 28 to 34). Information already made public in the contested decision is not confidential (paragraph 42).

Key points for practice

• A Rule 262A request must accompany the filing of the document, from the first instance onwards. It cannot be made good on appeal.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rules 262.1(b), 262.2, 262.3 and 262A

Case law cited

Munich Local Division, order of 17 March 2025 (UPC_CFI_815/2024), not followed

Related decisions

• STRABAG Infrastructure & Safety Solutions v SWARCO FUTURIT, 27 November 2025, later Court of Appeal decision in the same proceedings.

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.