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Mobile World Congress 2018 Barcelona. Special Fast Action Protocol for IP infringements

The Mobile World Congress is the most important worldwide convention in the mobile telecommunications sector. This congress takes place annually in Barcelona Fair, Spain, and its next edition will be celebrated from 26th February to 1st of March 2018.

The Commercial Courts in Barcelona adopted an immediate action protocol for the Mobile World Congress for the quick resolution of potential industrial and intellectual property conflicts that establishes a precedent for future fairs and congresses.

The so-called "IP fast protocol", consisting of a series of guidelines to protect the lawful owners of intellectual, for example copyrights in software, brands or intellectual property right, and industrial (trademarks, technology patents, industrial designs, etc.) that will enable right holders to obtain preliminary injunctions for infringements of IP rights in an extraordinarily short period of time during the celebration of the Mobile World Congress.

In addition, the Protocol provides for the possibility to file "protective letters" by those who suspect that an urgent preliminary injunction ex parte will be filed against them.

Photo ® Eugenio Egea Gaeta 2018
Mobile World Congress Barcelona

The commitments adopted were:

a) Give preferential and priority processing to emergency protective measures (with or without a hearing) concerning technological patents and industrial designs of the companies presented at the Mobile World Congress; as well as trademark and IP right violation such as unfair competition and illegal advertising relating to products and materials exposed or exhibited at the fair.

b) Commitment to resolve within two days from entry into court the request for precautionary measures without hearing of the defendant party; and within a maximum of ten days from entry into court for the resolution of precautionary measures with notice of hearing, provided that a preventive statement has submitted.

c) In the context of a possible conflict in industrial or intellectual property with another company and facing the reasonable fear of being subject to an application for precautionary measures without a hearing, to admit the filing of preventive statements before the Commercial Courts of Barcelona, in order to avoid, to the extent it is possible, that precautionary measures are taken without hearing the defendant. This will allow on the one hand that the defendant has a chance expose its case; and it will on the other hand guarantee a chance to appear before the court immediately to resolve any request for precautionary measures without a hearing.

d) The prior behavior of the plaintiff and the speed with which the reacts to the knowledge of any infringement will be crucial in determining whether to apply the urgency in adopting precautionary measures without a hearing established in Article LEC 733, so long as this is not contrary to the real aim of the precautionary measure. In this regard, it will be important that the plaintiff submits the request for urgent precautionary measures in good time such that it in good faith does not reasonably prevent the hearing of the defendant taking place, and where the owner of the allegedly infringed right has prior knowledge of the possible infringement and has filed its case with enough time.

We are able to provide a special legal guidance and assistance in the Mobile World Congress, from filing an injunction against a competitor company to drafting and filing precautionary documents. In case you would like to receive further information, please contact us at our email address mobile@egea-lawyers.com