Casalonga UPC rules of procedure
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Rule 262AProtection of Confidential Information

1. Without prejudice to Article 60(1) of the Agreement and Rules 190.1 [1] , 194.5 [2], 196.1 [3], 197.4 [4], 199.1 [5], 207.7 [6], 209.4 [7], 315.2 [8] and 365.2 [9] a party may make an Application to the Court for an order that certain information contained in its pleadings or the collection and use of evidence in proceedings may be restricted or prohibited or that access to such information or evidence be restricted to specific persons.

2. The Application shall contain the grounds upon which the applicant believes the information or evidence in question should be restricted in accordance with Article 58 of the Agreement [10] .

3. The Application shall be made at the same time as lodging a document containing the information or evidence and shall provide a copy of the unredacted relevant do
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[1-
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.

[2-
5. If the Court decides to inform the defendant about the Application the Court will first give the applicant the possibility to withdraw the Application. In the event of such withdrawal the applicant may request that the Court shall order that the Application and its contents shall remain confidential.

[3-
1. The Court may order, in particular, the following:
(a)preserving evidence by detailed description, with or without the taking of samples;
(b)physical seizure of allegedly infringing goods;
(c)physical seizure of the materials and implements used in the production and/or distribution of these goods and any related document;
(d). the preservation and disclosure of digital media and data and the disclosure of any passwords necessary to access them.
For the protection of confidential information the Court may order that any of the above be disclosed only to certain named persons and subject to appropriate terms of non-disclosure.

[4-
4. The Court shall order an oral hearing to review the order without delay. Rule 195 shall apply. The Court may modify, revoke or confirm the order. In case the order is modified or revoked the Court shall oblige the persons to whom confidential information has been disclosed to keep this information confidential [Rule 196.1].

[5-
1. The Court may, on a reasoned request by a party, order an inspection of products, devices, methods, premises or local situations in situ. For the protection of confidential information the Court may order that any of the above be disclosed only to certain named persons and subject to appropriate terms of non-disclosure in accordance with Article 58 of the Agreement.

[6-
7. The protective letter shall not be publicly available on the register until it has been forwarded to the applicant pursuant to paragraph 8.

[7-
4. If the applicant has applied for provisional measures without hearing the defendant and the Court decides not to grant provisional measures without hearing the defendant the applicant may withdraw the Application and may request that the Court order that the Application and the contents of the Application remain confidential.

[8-
2. The Registry shall as soon as practicable serve on the intervener any written pleading served by the parties. On a reasoned request by a party the Court may for the protection of confidential information order that a pleading or part of a pleading be disclosed only to certain named persons and subject to appropriate terms of non-disclosure.

[9-
2. At the request of the parties the Court may order that details of the settlement are confidential.

[10-
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.