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Protecting your IP rights during Mobile World Congress
Protecting your IP rights during Mobile World Congress

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MWC 18

The Commercial Courts of Barcelona has approved a special Protocol to grant preferential and special treatment to the urgent preliminary injunction claims that may be filed regarding the Mobile World Congress, during February and specially on the days of the MWC (25 to 28 February).

For the first time, the Protocol is also signed by the European Union Trademark Court of Alicante (Commercial Courts of Alicante), in this way the Protocol will be effective not only with regard to patent infringements but also for infringement of trademarks and design of the European Union. The measures adopted by the Court of Alicante in this context may be executed by the Courts of Barcelona during the MWC.

The Courts commit to:

  • a. To give a preferential treatment to preliminary injunction actions, with or without hearing the defendant, that are referred to an infringement of IP rights (Patent, Trademarks and/or Designs), unfair competition and advertisement, in connection with the goods launched during the MWC;
  • b. To issue a decision on precautionary injunction actions in audita parte within a two-day term from its filing; and ten days if there is a hearing or opposition of the defendant.
  • c. The companies that suspect that could be object of a preliminary measure request with no hearing, have the possibility to file preventive writes, giving its allegations why a potential preliminary measure should be denied and showing its availability to appear before the Court. Preventive writes will be resolved within 24 hours of their submission.
  • d. In order assess the urgency to adopt preliminary measures without hearing will be taken into consideration the plaintiff’s behavior and shall be decisive the speed with which the plaintiff has reacted in the event of an infringement.

To this effect, PONS IP offers 360º protection to its clients before, during and after the MWC. Our team gives the best support to our clients to protect their IP rights against infringements by third parties and not to infringe third parties IP rights within the framework of the MWC (before, during and after the Congress).

The report from the Commercial Court of Barcelona regarding the MWC 2018 event ends with the following results:
– 22 preventive writes have been filed in Patent matters.
– Only 3 preliminary verification facts against four companies in Patent matters, which has been solved in 48 hours –upholding its claims-.
– 7 precautionary injunctions have been filed in audita parte against eight companies, that have been solved in 48 hours (all were estimated).
– 1 precautionary injunction with hearing and claim, which was resolver before the MWC favorably.

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