UPC Court of Appeal: Procedural Decision: Public Access to the Register

The applicant requested access to pleadings and evidence from a concluded case in order to publish these documents on a subscription-based platform and thus promote the transparency of patent proceedings. The request is rejected as a purely commercial interest does not constitute a legitimate interest within the meaning of Art 45 UPCA. However, copyright is not a general interest that must be taken into account under Art 45 UPCA when a member of the public requests access to the register under R 262.1(b). The interests of copyright holders are sufficiently protected by the procedures available in national courts for the protection of copyright. The objectives of balancing interests under Art 45 UPCA and the requirement of representation ensure the proper conduct of the proceedings. These would be jeopardised if a company were to be granted access to pleadings and evidence under R 262.1(b) RoP with the intention of making these documents publicly available to its subscribers on a platform for patent litigation. This does not constitute an interest protected by Art 45 UPCA (UPC 19.12.2025,CoA 523/2024).