Casalonga UPC rules of procedure
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Rule 144Decision on the Request to lay open books

1. The Court may:

(a) order the unsuccessful party to open its books to the applicant within a time period to be specified and subject to such terms as the Court may deem appropriate having regard inter alia to Article 58 of the Agreement [1] and Rule 190.1 [2] and .4; [3]

(b) inform the applicant and specify a time period within which the procedure for the award of damages shall be continued.

2. Where the Request to lay open books is not allowable, the Court shall inform the applicant and specify a time period within which the procedure for the award of damages shall be continued [Rule 131.2]. [4]
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To protect the trade secrets, personal data or other confidential information of a party to the proceedings or of a third party, or to prevent an abuse of evidence, the Court may order that the collection and use of evidence in proceedings before it be restricted or prohibited or that access to such evidence be restricted to specific persons.

1. Where a party has presented reasonably available and plausible evidence in support of its claims and has, in substantiating those claims, specified evidence which lies in the control of the other party or a third party, the Court may on a reasoned request by the party specifying such evidence, order that other party or third party to produce such evidence. For the protection of confidential information the Court may order that the evidence be disclosed to certain named persons only and be subject to appropriate terms of non-disclosure.

4. An order to produce evidence shall in particular specify:
(a) under which conditions, in what form and within what time period the evidence shall be produced;
(b) any sanction which may be imposed if the evidence is not produced according to the order.

2. After any procedure for the laying open of books is complete, or, if that has not been requested in the Application referred to in paragraph 1 the applicant shall indicate:
(a) the redress (damages, licence fees, profits) and the interest thereon requested by him;
(b) an indication of the facts relied on, in particular calculations concerning lost profits or profits made by the unsuccessful party;
(c) the evidence relied on;
(d) a statement as to whether the decision on the merits is the subject of an appeal;
(e) his assessment of the amount of damages due to him.