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Protocol of guard service and fast action on the occasion of the MWC 2019

Propiedad Intelectual, Media y IT

On February 25 to 28, 2019 the Mobile World Congress (MWC) will be held in Barcelona.

It is the annual congress of the mobile and technology industry, where all the leading companies (more than 2.400 attending companies) show their developments and innovations: new designs, new mobile applications, etc.

That in the event of any conflict that may exist between the companies participating in this event, as holders of intellectual property rights, and which may give rise to the application for preliminary injunctions, as has occurred on previous occasions, and in order to avoid, to the extent possible, adopting ex parte interim measures; while at the same time ensuring the adoption of effective measures to protect those rights, the Commercial Courts of Barcelona (which are specialized in IP rights) have established, for fifth time, and the E.U. Trade Mark Court of Alicante, for first time, during February 2019 and the days of the event, a Protocol of guard service and fast action in accordance with the following commitments which the Commercial Courts of Barcelona are making public and disseminating amongst the interested players:

  • Priority and preferential processing of emergency preliminary injunctions (either ex parte or not) in relation to technological patents and industrial designs relating to products which are to be exhibited at this event, as well as acts of infringement of trademarks and copyrights, and unfair competition and unlawful advertising acts in relation to products and materials which are on display at the MWC.
  • Resolve and issue any ex parte preliminary injunction within 48 hours, once the complaint has been received by the court; and the case of a hearing of an interim injunction in is resolved within a 10-day period, as long as a protective letter has been filed.
  • Within the framework of a possible conflict in issues of industrial or intellectual property with another company and in light of the reasonable fear of being subject to an application for an ex parte preliminary injunction, to resolve the admission of the requests for protective letters within 24 hours of their filing. The admission and immediate resolution of the protective letters is done in order to avoid, to the extent possible, the adoption of the ex parte preliminary injunctions, which will allow, firstly, the defendant to put forward their arguments and, secondly, their willingness to appear at the Court immediately to rule on any request for ex parte preliminary injunctions.
  • To assess the urgency referred to in article 733 of the Spanish Civil Procedure Act (LEC) in the adoption of ex parte preliminary injunctions, unless this would compromise the success of the interim measure, the prior conduct of the claimant and the speed with which they have reacted to the knowledge of any infringement shall be a determining factor. In this regard, it is important that the application for urgent preliminary injunctions be submitted sufficiently in advance in good faith so as not to reasonably prevent hearing the defendant, when the owner of the right allegedly infringed would have had prior knowledge of the possible infringement and could have submitted their application in sufficient time.
  • The Commercial Courts of Barcelona will carry out the immediate enforcement of the preliminary injunctions and/ or urgent measures that, within the scope of their specific competence, will issue the European Union Trade Mark Court of Alicante in matters of trademarks of the Union European and Community designs, thus guaranteeing the rapidity and effectiveness of the decisions taken. To this end, the relevant communication and cooperation channels between the two Courts will be established.

In Buigas we are at your disposal, should it be in your or your client’s interest, to discuss the possibility of filing protective letters with the Barcelona Commercial Courts or to assist you in the preparation of requests for interim measures, linked to the presence of your clients in the Barcelona Mobile World Congress.