As previously announced, the Judges of the Commercial Courts of Barcelona and Alicante have set up an on-call and fast action protocol for the Mobile World Congress, the largest mobile event in the world, that brings together the latest innovations and leading-edge technology alongside today’s most influential visionaries. It will be held in Barcelona from February 24 through February 27, 2020
The protocol allows holders of intellectual property rights to obtain throughout February 2020 preliminary injunctions, among other measures, in an extraordinarily short time in cases of infringements that may occur during the congress.
For the second consecutive year, the scope of action of the protocol also extends to infringement of European Union trade marks and Community designs. The Commercial Court of Barcelona will carry out the immediate enforcement of any measures adopted.
Regarding the available measures, the protocol states that the following will be dealt with by the Courts 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) for 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.
Regarding the time estimates, 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. The admission of protective letters will be resolved within 24 hours of filing.
The full text of the protocol is available on this link: Protocol-MWC-2020.
On its part, Barcelona Bar Association (ICAB) has created a list of lawyers experts in Intellectual Property and Unfair Competition law with an advanced knowledge of English language. This list will be included in the documentation handed out to all exhibitors.
Lawyers of our firm have been included in this list.
By: Emil Edissonov