European Union
IP Enforcement
2. Please explain how Polish law complies with the requirements of Articles 42 and 43 of the TRIPS Agreement, which require that enforcement procedures provide a means to protect confidential information obtained during the course of proceedings.
A court procedure provides for suitable measures to protect confidential information as follows: A court hearing during which the evidence consisting of confidential information shall be carried out in camera, i.e. without members of the general public present (Articles 153 and 154 CCP). The files of the case are accessible only to the parties (Article 9 CCP). In cases heard in camera, only the parties and persons supervising the court proceedings may access case files. The officials (judges, court officials, barristers) participating in the examination of cases are under an obligation to keep confidential all information obtained in connection with the proceedings.