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IP conflicts at the Mobile World Congress: the IP Fast Protocol and the importance of preventive writs

IP conflicts at the Mobile World Congress: the IP Fast Protocol and the importance of preventive writs

  • 01/02/2017

The Commercial Courts of Barcelona have just published the so-called “IP Fast Protocol” for the attendance of IP conflicts that may appear during the Mobile World Congress (MWC) that will be held in our city from 27 February to 2 March 2017.

This IP Fast Protocol is issued to protect the interests of the IP rights owners (patents, designs, trademarks and copyright owners), as well as to protect the interests of the exhibitors (allegedly infringers) during the MWC, in which an extraordinary urgent decision may be needed from the Courts. This protocol definitely guarantees the granting of preliminary measures to protect the IP rights in a very short period of time and, at the same time, to avoid the granting of such measures without hearing the allegedly infringing party.

On one side, the Courts undertake to issue their decisions within a term of two days without the hearing of the defendant.

On the other side, those companies that are reasonably afraid to be object of a preliminary measure request with no hearing, have the possibility to file preventive writs. Such preventive writs allow:

  1. To give its allegations regarding why it should be denied the preliminary measure requests that, presumably, might be filed against them.
  2. To show its availability to immediately appear before the Courts in case the Judge considered that convenient to decide regarding any preliminary measure requested with no hearing.

The possibility to file preventive rights is given to safeguard the rights of the defendant. That means, to avoid having to take urgent decisions on preliminary measure requests without having the allegations of the defendant.

JAUSAS has a legal department specialised in IP litigation with more than 25 years of experience in proceedings referred to the infringement of technological patents, designs and software copyright.

With offices in Barcelona and Madrid, JAUSAS would be able to provide you urgent legal assistance in case you consider that your IP rights might be infringed during the MWC (filing urgent preliminary measures requests at the very beginning of the MWC) and/or in case you are afraid that a legal action might be filed against you (filing the preventive writs on the Courts before the MWC starts).

In case you would like to receive further information or assessment regarding this matter, please contact the leader of our IP team, Josep Carbonell, at the e-mail address jcarbonell@jausaslegal.com and/or telephone number +34.93.415.00.88. You also may contact Eduardo Vila at the email address evila@jausaslegal.com.

Highly regarded team centred in the Barcelona market. Provides expert advice on franchise agreements and securities litigation to both foreign and domestic corporate clients.

Chambers & Partners (2015)

“Highly regarded team centred in the Barcelona market. Provides expert advice on franchise agreements and securities litigation to both foreign and domestic corporate clients.”

The Legal 500 (2015)