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Fast Track Judicial Procedure for Tackling IP Infringements at Mobile World Congress

Posted on 3 February 2023

Attendees of the Mobile World Congress in February/March this year may be interested to know of the measures adopted each year by the Commercial Court of Barcelona and the European Union Trade Mark Court of Alicante in respect of alleged infringements identified at the event.

With so many new technologies being showcased at this important industry event, disputes inevitably arise regarding IP. In order to quickly and efficiently address disputes between attendees of the Congress, the Courts are adopting a fast action Protocol for the processing of requests for preliminary injunctions. The aim of the Protocol is to ensure IP holders have access to swift measures to protect their rights, whilst avoiding, to the extent possible, the adoption of ex parte interim measures.

The measures include:

  • priority and preferential processing of emergency preliminary injunctions in respect of allegations of IP infringements and unlawful advertising relating to products being exhibited at the Congress;
  • the resolution and issuance of ex parte injunctions within 48 hours of the complaint being received by the Court;
  • the admission of requests for protective letters within 24 hours of their filing; and
  • the immediate enforcement of preliminary injunctions, including in relation to acts to be carried out by exhibitors in the metaverse or other virtual worlds.

The Protocol will be applicable throughout February until the end of the Congress. It is worth noting that similar protocols may also be available in respect of other around Europe.

Take Aways

  • It is important to act promptly upon becoming aware of a potential IP infringement. If you suspect that an exhibitor may be planning on exhibiting a product or service that infringes your IP, you should act now and not wait until the start of the Congress to take action.
  • If you become aware that a competitor may be seeking a preliminary injunction against you, you should act quickly to file a protective letter with the Court.
  • The Protocol also applies to acts carried out in the metaverse, and so it’s important to also be aware of your competitors’ actions in virtual worlds.

If you would like to discuss the protection of your IP rights at Mobile World Congress, in the metaverse, or more generally, please do not hesitate to contact us.

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