The annual Mobile World Congress, the world's largest mobile phone and technology trade show, is fast approaching. As usual, the event will take place at the Fira de Barcelona exhibition center over four days, beginning on Monday, February 26, and ending on Thursday, February 29.
Given that more than 2,000 leading companies in the fields of information technology, electronics, and telecommunications participate in this conference—showcasing new telecommunications products, mobile applications, and software innovations to a global audience—the Mobile World Congress becomes, year after year, a setting prone to potential conflicts between companies, primarily due to possible infringements of intellectual and industrial property rights.
For this reason, for several years now, the Commercial Court of Barcelona, as well as the EU Trademark Court in Alicante, have implemented an On-Call and Rapid Response Protocol. This protocol serves the dual purpose of avoiding, to the extent possible, the adoption of interim measures without a hearing for the defendant and, at the same time, implementing effective measures to protect those rights.
Under this Protocol, the courts undertake to rule on the admissibility of requests forpreliminary orders(intended to prevent the adoption of interim measures without a hearing of the defendant) on the same day they are filed (within 24 hours). In addition, they undertake to rule on requests forprecautionary measureswithin 2 days (48 hours), scheduling a hearing within 10 days if apreventive brief has been filed.
The Protocol will take effect on February 1 and will remain in effect throughout the month of February until the last day of the conference, February 29.
The report on the implementation of the Protocol, published by the courts of Barcelona and Alicante regarding the 2023 Mobile World Congress, revealed that the overall number of cases filed that year was the highest in the past four years. This demonstrated a clear recovery in the volume and number of cases filed compared to the years prior to the pandemic, a growing trend that the report forecasts will continue for the upcoming 2024 Mobile World Congress.
Now is the time for companies participating in the Mobile World Congress to plan ahead and take the necessary steps to ensure the protection of their rights and avoid potential setbacks during the event.
ELZABURU has played a significant role, participating in approximately 25% of the cases resolved by the courts under the Mobile World Congress Protocol over the past 6 years. This year, the firm will once again provide support to its clients by implementing measures both to effectively safeguard their industrial and intellectual property rights and to mitigate any risk of unexpected actions by third parties that could jeopardize their normal participation in the upcoming congress.
María Cadarso, Associate at ELZABURU