Main Details: Registry number App_40654/2024 Date 14 August, 2024 Parties TCL Operations Polska Sp. z.o.o, TCT Mobile Europe SAS, TCT Mobile Germany GmbH, TCL Deutschland GmbH & Co. KG v. NEC Corporation Order/Decision reference ORD_41184/2024 Type of action Application RoP262A Language of Proceedings English Court - Division Court of First Instance - Munich (DE) Local Division English Headnotes: 1. The requirements of Rule 262A.6 RoP also apply with regard to representatives and external experts. It must be clear who is obliged to maintain confidentiality and who can be held responsible and legally liable in the event of a breach of the confidentiality order. 2. If an external expert has not yet been appointed, and it is not possible to determine whether, when, who and how many experts will be appointed, the granting of an access authorisation cannot (yet) be considered. Granting access “in advance” is not appropriate. 3. There is no apparent legal basis for imposing specific measures to maintain confidentiality. Persons subject to confidentiality obligations are free to decide on the specific measures to be taken to protect confidential information. It is only important that the objective of confidentiality is achieved and that the protection of confidential information is guaranteed English Keywords: experts of the parties, representative, confidential measures, confidentiality order Back to Decisions and Orders
Main Details: Registry number App_40654/2024 Date 14 August, 2024 Parties TCL Operations Polska Sp. z.o.o, TCT Mobile Europe SAS, TCT Mobile Germany GmbH, TCL Deutschland GmbH & Co. KG v. NEC Corporation Order/Decision reference ORD_41184/2024 Type of action Application RoP262A Language of Proceedings English Court - Division Court of First Instance - Munich (DE) Local Division English Headnotes: 1. The requirements of Rule 262A.6 RoP also apply with regard to representatives and external experts. It must be clear who is obliged to maintain confidentiality and who can be held responsible and legally liable in the event of a breach of the confidentiality order. 2. If an external expert has not yet been appointed, and it is not possible to determine whether, when, who and how many experts will be appointed, the granting of an access authorisation cannot (yet) be considered. Granting access “in advance” is not appropriate. 3. There is no apparent legal basis for imposing specific measures to maintain confidentiality. Persons subject to confidentiality obligations are free to decide on the specific measures to be taken to protect confidential information. It is only important that the objective of confidentiality is achieved and that the protection of confidential information is guaranteed English Keywords: experts of the parties, representative, confidential measures, confidentiality order Back to Decisions and Orders