The Commercial Court of Barcelona and the European Union Trademark Court of Alicante have just made public their summary report on the implementation of the on-call and rapid action protocol for the Mobile World Congress held last week in Barcelona (MWC 2019). For those who, like ELZABURU, have closely experienced the procedural adventures of this Congress, the data provided in this report is no surprise.
1. The Courts have attended and resolved a total of 50 matters, which represents an increase of 42% over the cases filed in 2018.
2. To try to avoid the adoption of precautionary measures unheard of alters part, 38 preventive briefs were presented, 36 in Barcelona regarding patents and 2 in Alicante regarding trademarks and designs of the European Union. All of them were processed and resolved within 24 hours.
3. To verify the presence during the Fair of merchandise suspected of patent infringement, the Court responded to 5 requests for Fact Check Procedures, which were processed and granted within a period of 48 hours. 2 of these requests were notified and executed, through the seizure of copies, with the inauguration of the Congress itself.
4. Regarding precautionary measures unheard of alters part The Barcelona Court heard 5 requests that were presented and granted within a period of 48 hours before the start of the Congress. The measures were carried out during the Congress proceedings, with the seizure of copies in situ. Curiously, in one of the cases the interested party was able to present a written opposition in two days and the Court upheld the opposition, lifting the measures on the fly.
5. ELZABURU has followed the MWC2019 celebration live intervening in 6 judicial proceedings, preparing the defense strategy in another 2 additional cases that have followed other paths and attending Congress , to deal with incidents that may occur.
Otherwise, The performance of the Courts of Barcelona and Alicante could not have been more exemplary, if measured by the immediacy of the judicial response and the effectiveness of the mechanisms established in the Protocol. Now to think about MWC2020!
Author Enrique Armijo
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