ANALYSIS OF CONFIDENTIALITY CLUBS – MEANING, PURPOSE AND ITS IMPORTANCE IN LITIGATION PERTAINING TO STANDARD ESSENTIAL PATENTS
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Abstract
A confidentiality club, as the name suggests, consists of a group of people having access to confidential information and data to the exclusion of others. It is a tool used by the Courts which sets up a club of usually advocates and external experts who have access to the confidential documents of the party which requests establishing such a club. Setting up of confidentiality clubs is an exception to the general rule of recordal of evidence in a legal proceeding in open court, all parties having access to the evidence, documents and information presented to the Court. Upon establishment of a confidentiality club, the information and documents disclosed therein are accessible exclusively by the duly named and identified members of the club, upon their undertaking to maintain the confidentiality of the documents and/or information shared by them. Constituting confidentiality clubs is vastly popular in patent disputes globally and have found recent footing in Indian litigation as well, especially in patent infringement cases.
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