The annual Mobile World Congress, the largest mobile phone and technology fair in the world, is approaching. As usual, the event will take place at the Fira de Barcelona exhibition center for 4 days, starting on Monday, February 26 and concluding on Thursday, the 29th.
Given that more than 2,000 leading companies in computing, electronics and telecommunications participate in this congress, presenting new telephony products, mobile applications and software innovations worldwide, the Mobile World Congress becomes each year a scene prone to potential conflicts between companies, mainly due to possible infringements of intellectual and industrial property.
For this reason, for years, the Commercial Court of Barcelona, and also the EU Trademark Court of Alicante, have implemented a Guard Service and Rapid Action Protocol. This Protocol has the dual purpose of avoiding, to the extent possible, the adoption of precautionary measures without hearing the defendant and, at the same time, implementing effective measures to protect said rights.
Under this Protocol, the Courts undertake to resolve on the same day of their presentation (within 24 hours) the admission of requests for preventive writings (intended to avoid the adoption of precautionary measures without a hearing by the defendant). Furthermore, they undertake to resolve requests for precautionary measures within 2 days (48 hours), scheduling a hearing within 10 days if a preventive writing.
The Protocol will come into force on February 1 and will remain active throughout the month of February until the last day of the congress, February 29.
The report on the results of the application of the Protocol published by the Courts of Barcelona and Alicante with respect to the Mobile World Congress 2023 revealed that the global number of cases registered that year had been the best in the last 4 years. This demonstrated a clear recovery in the volume and number of cases registered compared to the years before the pandemic, a progressive trend that the report predicts will continue for the next Mobile World Congress 2024.
It is time for companies participating in the Mobile World Congress to anticipate and take the appropriate measures in order to ensure the protection of their rights, avoiding possible setbacks during the fair.
ELZABURU has played a significant role, participating in around 25% of the cases resolved by the Courts in application of the Mobile World Congress Protocol in the last 6 years. This year, the firm will once again provide its support to clients, implementing measures both to effectively safeguard its industrial and intellectual property rights, and to avoid any risk of possible unexpected actions by third parties that could compromise its normal participation in the imminent congress.
Maria Cadarso, Associate at ELZABURU
For more information:
Margarita García Díaz-Varela MGD@elzaburu.es Tel.: 673 13 01 04 | 690 36 89 98
Javier Herreros jherreros@goodwill.es Tel.: 626 20 73 22
