États-Unis d'Amérique
Moyens de faire respecter les DPI
Procédures et mesures correctives civiles et administratives
14. Article 42 requires, with one narrow exception, that there be a means to identify and protect confidential information during judicial and administrative intellectual property enforcement proceedings. Please describe the means provided under the law of Poland for parties to identify and have protected confidential information required to be presented in order to prove their claims and cite the legal authorities providing for such identification and protection.
Judicial procedure provides for appropriate means of protecting confidential information in the following form: A judicial hearing during which materials (evidence) containing confidential information are supposed to be disclosed, is conducted at the request of each party in camera i.e. with no members of the public permitted to be present (Articles 153 and 154 CCP). Files of judicial proceedings are available only to the parties taking part in the proceedings (Article 9 CCP). In cases examined with exclusion of openness nobody apart from the parties and persons discharging supervision functions of the judicial proceeding may have access to the files. Officials (judges, court officials, attorneys) who take part in examination of cases are obliged to keep secret the information disclosed to them in connection with the proceedings.