H&A will be present at the Mobile World Congress

2 February 2022

The Board of Judges of the Barcelona Mercantile Courts has approved a protocol for on-call service and rapid action, and a preventive and continuous on-call service during the event.

2 February 2022

On 28 February, the Mobile World Congress will take place at the Fira de Barcelona.

This is the most important congress dedicated to mobile telephony and communications in the sector, where leading IT, electronics and telecommunications companies present a multitude of technological products (software, hardware) that can be protected by technological patents, intellectual property rights and industrial design.

As in previous versions, the Board of Judges of the Barcelona Mercantile Courts (Barcelona Mercantile Court) has approved a protocol for on-call service and rapid action, and a preventive and continuous on-call service during the event.

The aim of this protocol is to give preferential treatment to matters arising from the Mobile World Congress, so that possible legal proceedings arising from the Congress itself, which take place year after year, are dealt with as quickly as possible.

Consequently, in the event that a holder of industrial property rights files an application for (1) preliminary proceedings, (2) verification of facts, (3) urgent precautionary measures without hearing the defendant, provided that the application (a) concerns the infringement of patents and technological innovations and industrial designs, trademarks and intellectual property rights; (b) relating to products and materials that are to be exhibited or displayed at the Mobile World Congress, and (c) whose presentation is scheduled for the Mobile World Congress, shall be resolved within two days (48 hours) from the date of entry into the Court.

For the resolution of precautionary measures with a hearing, a maximum period of ten days is established from their entry into the court, provided that a preventive document has been filed.

For possible industrial or intellectual property disputes with another company and in the event of a reasonable fear of being the subject of an application for injunctive relief without a hearing, the admission of applications for precautionary writs must be resolved on the same day as they are filed (24 hours). In particular, the aim is to prevent an infringement from giving rise to an application for injunctive relief without a hearing of the defendant.

Furthermore, the confidentiality of information that could constitute a business secret is guaranteed during any procedure, based on Law 1/2019 of 20 February on Business Secrets and Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016.

Finally, the protocol foresees that the Barcelona Commercial Court will carry out the immediate execution of the precautionary measures and/or urgent proceedings which, within the scope of their specific competence, are ordered by the European Union Trade Mark Courts of Alicante in matters of European Union trade marks and Community designs, thus guaranteeing the effectiveness of the decisions adopted.

Our office will be present during the congress, so if you have any doubts or need advice on industrial and intellectual property matters, you can contact us by calling 932 388 700 or writing to info.barna@herrero.es / international@herrero.es

5/5 - (1 vote)

Maria Diví

Abogada.Responsable del Área de Derecho Digital.


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