An International Guide to
Patent Case Management for Judges

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3.6.6 Confidentiality

Intellectual property cases are, in principle, public. The interested party is responsible for requesting the granting of confidentiality in the case, which is at the discretion of the judge, who bases their decision on the provisions of Article 189 of the CPC, according to which

[p]rocedural acts are public, however, the following cases are processed closed to the public:

I – when the public or social interest so requires;

II – if the case concerns marriage, separation, divorce, steady union, filiation, support, and custody of children and adolescents;

III – cases containing data protected by the constitutional right to privacy; [and]

IV – cases that concern arbitration, including on compliance with the arbitration clause, provided that the confidentiality stipulated in the arbitration is evidenced before the court.

Paragraph 1. The right to consult the case record that is being processed closed to the public and to request certificates of their acts is restricted to the parties and their attorneys-in-fact.

Paragraph 2. The third party who demonstrates a legal interest may request from the judge a certificate of the judgment, as well as of the inventory and sharing resulting from a divorce or separation.

A request for closing the proceedings to the public must be accompanied by the grounds that justify its granting. The decision that considers this request is subject to an interlocutory appeal.

During search and seizure in a crime against a process patent, the court officer will be accompanied by an expert, who preliminarily verifies the existence of the illicit act, provided that the judge may order the seizure of products obtained by the infringing party by means of the patented process.

Article 206 of the LPI provides that, in the event of disclosure in court – for the defense of the interests of any party – of information that is characterized as confidential (whether industrial or commercial secrets), the judge must determine that the case proceeds closed to the public. In this situation, the use of such information by the other party for other purposes is also prohibited.