The challenges, risks, and opportunities for exhibitors and holders of patents, trademarks, and designs are back as the MWC takes place in Barcelona in late February 2023!
With its proverbial punctuality, the “Barcelona Commercial Court,” in conjunction with the European Union Trademark and Design Courts in Alicante, has just released its newPROTOCOLFOR ON-CALL DUTY AND RAPID RESPONSE FOR THE MOBILE WORLD CONGRESS 2023.
Legal Remedies to Protect#IP
It should be noted that this Protocol marks the starting point for mobile phone companies to finalize theirstrategiesin light of the possibility (for some) or the risk (for others) that precautionary measures will be adopted to prevent the display of mobile devices and other computing and communication devices (tablets, laptops, wearables, etc.) that infringe on patent, trademark, or design rights.
Depending on each party’s position, the strategy involves the appropriate use of thethree procedural mechanismsto which the Protocol willgive priority:preliminary proceedings (to verify whether the infringing content is being displayed),injunctive reliefwith or without a hearing (to compel the cessation of display), andpreventive briefs(to avoid the risk of surprise actions by rights holders).
A Look Back at#MWC22and Strategies for the Next Edition
According to the Findings Report published by the Barcelona Commercial Court, the previous edition of MWC in 2022 resulted in amisleading outcome: six preliminary notices and only two fact-finding proceedings.
It is important to remember that the previous edition was still held under the shadow of the pandemic, with attendance taking place primarily online rather than in person.
Next year, however, all signs point to the MWC regaining its massive turnout (more than 100,000 attendees, 2,499 exhibitors), and the “swords” of intellectual property will once again be at the forefront.
Mari Cadarso, Associate at ELZABURU