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 this year on Monday, March 3, and concluding on Thursday, March 6.
Risks to exhibitors arising from disputes over patents, trademarks, designs, or copyrights
Given that more than 2,000 leading companies in the sector participate in this conference, showcasing new telecommunications products, mobile applications, and software innovations to the world, the Mobile World Congress becomes, year after year, a setting prone to potential conflicts between companies, primarily due to possible violations of industrial and intellectual property rights.
There are three main risks faced by exhibitors:
1. Requests for injunctions against exhibiting companies.
In past editions of the MWC, the courts in Barcelona and Alicante have processed a large number of requests for ex parte injunctions within 48 hours and without prior notice to exhibitors. In some cases, the defendant companies were able to have the injunctions lifted by posting a substitute bond. In other cases, the exhibitors’ failure to respond or to post such a bond resulted in the injunctions remaining in effect for the duration of the conference.
2. On-site fact-finding procedures during the Congress.
In addition to preliminary injunctions, the courts have also processed, during some editions of the MWC, a number of requests for fact-finding proceedings aimed at obtaining information—at the event itself—about exhibiting companies, their products, and technical data.
3. Judicial presence at exhibitors' booths.
The risk posed by precautionary measures and fact-finding proceedings is even greater when we consider that, in previous editions, notification of the court ruling and its enforcement—through a demand to remove the displayed products—took place once the Congress had begun, through the presence—albeit discreet—of judges and law enforcement officials at the exhibitors’ booths.
Therefore, it is essential that exhibitors develop a strategy in advance to enforce their patent, trademark, design, or copyright rights and avoid incidents.
On-Call and Rapid Response Protocol: A Set of Precautionary Measures to Protect Industrial and Intellectual Property Rights
In light of these disputes, for 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 preliminary injunctions 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 for preliminary 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 for precautionary measures within 2 days (48 hours), scheduling a hearing within 10 days if a preventive brief has been filed.
The Protocol will take effect on February 1 and will remain in effect until the last day of the conference, March 6.
Therefore, 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, thereby avoiding potential setbacks during the event.
At ELZABURU, we have played a significant role, participating in approximately 25% of the cases resolved by the courts under the Mobile World Congress Protocol over the past 7 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, Legal Department, Elzaburu