PROTOCOL OF ACTION OF THE COMMERCIAL COURTS FOR THE MOBILE WORLD CONGRESS (MWC)

by | Feb 21, 2019 | Patents

One more year, Barcelona is about to become the world capital of technology thanks to the new edition of the Mobile World Congress that will take place from February 25 to 28, 2019.

In advance of the conflicts that may exist between the companies participating in this event, the Commercial Judges of Barcelona (for the fifth consecutive year) and the Commercial Judges of Alicante (for the first year) have adopted, together, a Protocol of guard service and fast action with the purpose of giving adequate protection to the holders of intellectual and industrial property rights, as well as avoiding, as far as possible, the adoption of preliminary injunctions without a hearing of the defendant.

The commitments are as follows:

  • Give priority and preferential processing to the requests for urgent preliminary injunctions (with or without prior hearing) based on the infringement of industrial and intellectual property rights in relation to products and materials which are on display at the MWC
  • Resolve the requests for ex parte preliminary injunctions within a period of 2 days (48h) and the preliminary injunctions with a hearing of the defendant within a period of 10 days, provided that a protective letter has been filed
  • Resolve the same day of its filing (24h) the admission of protective letters, in order to avoid adopting preliminary injunctions without a hearing of the defendant
  • To assess the urgency in the adoption of ex parte preliminary injunctions, the prior conduct of the claimant and the speed with which they have reacted to the knowledge of any infringement shall be a determining facto
  • Given that the MWC will take place in Barcelona, ​​the Commercial Court of this city, in close cooperation with the European Union Trade Mark Court of Alicante, will carry out the immediate enforcement of the preliminary injunctions and/or urgent measures issued by the latter in the field of trademarks of the European Union and Community designs

In the 2018 edition, 35 cases were admitted and resolved within the framework of application of the Protocol, including protective letters, inquiries to substantiate facts and preliminary injunctions, both ex parte or with a prior hearing of the defendant. These numbers meant an increase of 40% with respect to matters substantiated in 2017. We look forward to the results for 2019.

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