Yet another year, the Judges of the Commercial Courts of Barcelona have set up a Protocol of action that will allow holders of intellectual property rights to obtain preliminary injunctions in cases of infringement in an extraordinarily short time during the Mobile World Congress, the most important congress in the field of communication and mobile telephony, which will be held in Barcelona from February 25 through February 28, 2019.
Accordingly, urgent preliminary injunctions (with or without a hearing) will be dealt with by the Courts with preference and priority, so that applications for preliminary injunctions without hearing of the defendant (ex parte) will be resolved within 2 days (48 hours), whilst the preliminary injunctions with a hearing will be resolved within 10 days.
On the other hand, those persons/companies with a reasonable fear of being a passive subject to ex parte preliminary injunctions by a competitor before or during the congress, in order to avoid the adoption of said injunctions, may file a “protective letter” (an anticipated reply or an advance opposition to a foreseeable application for ex parte preliminary injunctions). The admission of protective letters will be resolved on the same day of its filing (24 hours).
This year for the first time, the Judges of the Commercial Courts of Alicante adhere to the Protocol, meaning that this year the scope of action of same will extend to matters relating to European Union trade marks and Community designs.
The full text of the Protocol is available on this link.