Mobile World Congress is the largest mobile event globally that brings together the latest innovations and leading-edge technology alongside today’s most influential visionaries. This year it goes hybrid (in-person or online). It will be held in Barcelona from June 28 through July 1, 2021.
To tackle infringements of IP rights during the event, yet another year, the Judges of the Commercial Courts of Barcelona and those of the Commercial Courts of Alicante (acting as EUTM and Community Design Courts) have set up an on-call and fast action protocol for the event.
The protocol will allow holders of intellectual property rights (e.g. software, patents, Spanish and EU trademarks, registered trade names, Spanish and community designs) to obtain preliminary injunctions, among other measures, in an extraordinarily short time throughout June and July 1, 2021, in cases of infringements that may occur during the congress.
Regarding the measures set out in the protocol, the Courts will deal with preference and priority pretrial proceedings for collecting evidence, procedures of inquiries to substantiate facts (e.g. verification of infringement), urgent preliminary injunctions, and protective letters/briefs (an anticipated reply or an advance opposition to a foreseeable application for ex parte preliminary injunctions).
Under the protocol, applications for pretrial proceedings for collecting evidence, procedures of inquiries to substantiate facts, and urgent ex parte preliminary injunctions will be resolved within 2 days (48 hours). Applications for preliminary injunctions with a hearing will be resolved within 10 days, provided that the respondent has previously filed a protective letter. Protective letters will be admitted within 24 hours of filing.
The Courts of Barcelona will also carry out the immediate enforcement of the measures adopted by the Courts of Alicante related to the infringement of EU trade marks and Community designs.
This year, due to the pandemic of covid-19 and the hybrid nature of the congress (in-person and online), the Courts may grant preliminary injunctions and/or urgent measures also for acts of infringement made online and/or on the virtual platforms provided by the congress organizer and will promote virtual/remote hearings.
The full text of the protocol is available on this link: https://curellsunol.com/wp-content/uploads/2021/05/PROTOCOL-MWC-2021-pdf-EN.pdf
Written by Emil Edissonov, Lawyer of CURELL SUÑOL SLP