Barcelona’s courts are standing by to protect innovation during the Mobile World Congress
For the fourth year running, the courts of Barcelona have supported the Mobile World Congress by protecting the hallmark of this heavily attended conference: innovation. By paving the way for the requisite protection for technological R&D, companies at the conference have the reassurance they need to exhibit their products, without fear that their exclusive rights will be affected.
With this objective in mind, Barcelona’s courts are once again on standby to provide quick means of intervention to respond to potential infringements of intellectual property rights and unfair competition in the weeks leading up to and during the 2018 Mobile World Congress.
During the opening day of the 2018 Mobile World Congress alone, the courts of Barcelona applied the Mobile World Congress IP Fast Protocol in three cases, ordering injunctive relief to defend technological patents related to mobile telephones.
The IP Fast Protocol offers a number of advantages:
- Priority and preference given to the processing of applications for urgent injunctions by attendees of the Mobile World Congress.
- Commitment to providing a speedy resolution: Two days if the injunction is requested without hearing the other party, or ten days if the other party is granted a hearing.
- Commitment to same-day resolution of requests for provisional measures of protection in order to offset any potential damages arising from an injunction petition considered without hearing the other party.
Taking into account the short time frames available to the courts, we recommend that companies presenting innovative processes or products at the MWC prepare a portfolio with all the necessary information, so, if necessary, they can apply for judicial protection without delay.
We also recommend that companies attending the event appoint an intellectual property expert to handle the immediate filing of applications for urgent injunctions or provisional measures. In this regard, GARRIGUES has a strong intellectual property department, which offers MWC participants a special 24-hour service entailing highly specialized and in-depth legal advice: from filing an injunction against a competitor to drafting and filing provisional measures of protection, not to mention addressing other queries in this area.