The celebration of major international fairs such as the Mobile World Congress 2026 This implies a high concentration of commercial launches, technological innovations, and new products, which significantly increases the risk of conflicts in the area of industrial property, intellectual property and unfair competitionWith the aim of guaranteeing effective and agile judicial protection during these events, the Commercial Courts have reactivated the Guard service and rapid action protocolwhich in 2026 will not only apply to MWC, but for the first time, will also be It also extends to the salons Food and Hostelco.
In this article we analyze the scope of Dance at MWC 2026, its main new features and their application to the Alimentaria and Hostelco trade shows, as well as the importance of adequate prior legal planning by participating companies.
The Mobile World Congress 2026 Protocol: continuity and consolidation
The Mobile World Congress 2026 will be held from 2 al 5 March 2026 and will once again bring together the leading companies in the technology and telecommunications sector. As has been the case for over a decade, the Commercial Courts of Barcelona, together with the Commercial Courts of Alicante (European Union Trademark Court), have agreed to activation of a specific protocol for on-call service and rapid response, applicable during the month prior to the event and, especially intensively, during the days of the congress.
Its activation will respond to the possibility of conflicts between exhibiting companiesHolders of industrial and intellectual property rights, which may give rise to a request for preliminary proceedings or precautionary measures. The objective of the system is to articulate a priority and urgent processing of this type of action, while ensuring the effectiveness of judicial protection during the event.
Measures provided for in the Rapid Action Protocol
The Protocol establishes a series of concrete commitments on the part of the judicial bodies, aimed at providing an agile response to conflicts that may arise during the congress.
Priority processing of proceedings and precautionary measures
The courts commit to giving priority processing to:
- requests for preliminary proceedings and fact-finding procedures.
- requests for urgent precautionary measures, with or without a hearing of the defendant.
These actions may refer, among other things, to alleged violations of patents, trademarks, industrial designs, intellectual property rightsAs well as acts of unfair competition and illegal advertisingprovided they are related to products or services that are the subject of presentation, exhibition or promotion within the framework of the Mobile World Congress.
Reduced resolution times
The court agreement establishes particularly short resolution deadlines:
- Un maximum term of 48 hours to resolve preliminary proceedings and precautionary measures without a hearing of the defendant.
- Un maximum term of 10 days for the resolution of precautionary measures with scheduling of a hearing, provided that a preventive document has been submitted.
Preventive writings
The Protocol expressly contemplates the possibility of submitting preventive writings by those companies that, faced with a potential conflict, reasonably fear being subject to a request for precautionary measures without a hearing. The admission of these documents is resolved within approximately 24hallowing the judicial body to know in advance the position of the potential defendant.
Expanded material scope: digital environments and artificial intelligence
The scope of the Protocol expressly includes actions taken:
- En virtual environments, online platforms or metaverse.
- Through content generated by automated or artificial intelligence systemssuch as images, texts, videos, sounds, voices, or algorithmic decisions.
Extension of the Protocol to Alimentaria and Hostelco 2026
As a significant new development in 2026, the Commercial Courts of Barcelona have agreed to Extension of the Duty and Rapid Response Service Protocol, initially designed for Mobile World Congress, to the Alimentaria and Hostelco 2026 trade shows, which will be held from 23 al 26 March 2026
This extension will allow the same system of preferential processing and urgent resolution to be applied to conflicts that may arise in relation to Food products, beverages, catering and hospitality equipmentand issues related to trademarks, designs, trade secrets, intellectual property rights, and acts of unfair competition. The settlement also places specific emphasis on the protection of the confidentiality of sensitive information, in accordance with the regulations on trade secrets.
The importance of prior legal preparation
The experience gained in previous editions of the Mobile World Congress demonstrates that the correct use of the Protocol requires a prior legal preparation by the exhibiting companiesEarly risk identification, analysis of one's own and third-party rights, and planning of possible legal actions are key elements to minimizing incidents during the fair.
Having expert advice before the event begins allows companies to position themselves better both for react quickly in the event of a possible infraction, such as avoid unexpected precautionary measures that may affect your business activity or your launch strategy.
Elzaburu and the MWC Protocol: proven experience
From ELZABURU, we have played a relevant role in the practical application of the on-call and rapid response protocols associated with Mobile World Congresshaving participated in around 32% of the cases processed under this framework during the last 8 years.
In the 2026 edition, and on the occasion of both Mobile World Congress and Food and HostelcoWe will once again support our customers by implementing legal strategies adapted to this specific procedural system, aimed at ensuring effective protection of their industrial and intellectual property rights and adequately managing the risks associated with their participation in these events.
Maria CadarsoSenior Associate of the Area Legal by ELZABURU.
