A guide to the UPC and the UP - Flipbook - Page 326
registrar shall “forward a copy [of the protective letter] to the applicant … as soon as
practicable”. Until this has occurred, the letter is not available on the register. 92
16-89 R.207(8) RoP does not address the possibility that a protective letter might contain confidential
information such that it should not be provided to an applicant for provisional or protective
measures or be available to the public via the register. The Court has a general power,
under r.262(1) RoP, to order that “written pleadings and written evidence lodged at or made
by the Court and recorded by the Registry” may be kept confidential at the relevant party’s
request and r.262A to order that access to certain information or evidence be restricted or
prohibited and that access be restricted to specific persons. Rr.262(1) 262A RoP are expressed
to be subject to r.207(7) RoP but makes no reference to r.207(8) RoP. However, there is no
conflict between the provisions as such and thus it seems reasonable to suppose that orders to
protect the putative respondent/defendant’s confidential information contained in a protective
letter can be made under both rr.262(1) 262A RoP. 93
92
93
r.207(7) RoP.
See Chapter 12 (Written Procedure) paragraphs 12-47 to 12-49.
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