The Result of the IP Fast Action Protocol at the Mobile World Congress

The Commercial Courts of Barcelona issued a report, on March 4, 2019 summarising the result of the Protocol adopted during the Mobile World Congress, held in Barcelona ​​from February 25 to 28, 2019.

The report makes reference to the actions that have taken place during the celebration of the Congress in defense of the intellectual property rights of the participants and exhibitors, and quantifies the protective letters (36) plus (2) presented before the Commercial Court of EU Trademark of Alicante, “verification of facts procedures” (5) and preliminary injunction petitions (7) requested during that period (5 regarding patents, 1 on trademarks and trade names, and 1 on EU trademarks and trade names).

In total, 50 cases have been processed and resolved within the framework of the Protocol, having seen an increase of 42.8% in matters heard by the Court with regard to the year 2018.

The report highlights the efficacy and proper functioning of the fast action protocol applied in the MWC, taking into account the fast prosecution of the requested measures, what encourages the holders of intellectual property rights to file protective letters, verification of facts procedures and preliminary injunctions petitions for the effective defence of their IP rights.

Next year 2020, a maintenance or an increase of the number of cases filed before the Court is to be expected, especially in protective letters, as well as regarding ex party/ non ex party preliminary injunction petitions. An exponential increase in matters coming from the EU Trademark Court of Alicante is also expected, this being its first year of participation in the Protocol.

The report will be submitted to the Evaluation and Monitoring Commission of the Judicial Protocol, created the previous year, in order to analyze and improve its application in collaboration with all the parties involved. As well as to the Government Chambers of the Superior Courts of Justice of Catalonia and Valencia for their knowledge, and their referral to the General Council of the Judiciary (CGPJ), for the same purposes.

In the following link you can see the Report in a Spanish and English version:

Spanish or English