Guard service and fast track protocol for the 2022 mobile world congress

Thursday, 20 of January of 2022

The next edition of the Mobile World Congress will take place from the 28th February to the 3rd March 3, 2022. Numerous companies have already confirmed their presence, so leading companies in computing, electronics and telecommunications.

Therefore, following previous years pattern, the Commercial Courts of Barcelona and Alicante have adopted a guard service and fast track protocol. Hence, in the event that any conflicts between IP rights holder may arise, the Protocol aims to ensure the adoption of effective measures for the protection of such rights.

The Protocol is applicable in relation to acts of presentation, exhibition, possession, promotion, offering or sale in person, online and/or in any type of virtual platform provided by the organization of the Congress, in relation with:

  1. Patents, technological innovations and industrial designs, the presentation of which is scheduled for the referred Mobile World Congress
  2. Infringement of trademarks and intellectual property rights.
  3. Unfair competition and unlawful advertising acts, in relation to products and materials which are exhibited or displayed at the Congress.

Both Commercial Courts undertake, by signing the Protocol, to:

  1. Urgently deal with preliminary injunction applications and search order proceedings, resolving their applications within 2 days. In the case of inter partes preliminary injunction applications, the maximum period for the resolution will be 10 days, as long as a protective writ has been filed.
  2. Resolve on the same day protective writs.
  3. Assess the urgency in the adoption of ex parte preliminary injunctions, taking into account factors such as the prior conduct of claimants and the speed of reaction from the moment they were aware of the alleged infringement.
  4. Adopt, ex officio or at the request of a party, the specific measures necessary to preserve the confidentiality of information that may constitute a trade secret.
  5. Promote virtual/remote hearings in the case of preliminary injuctions with the opposing party.

The Protocol seeks to avoid, to the extent of possible, the adoption of ex parte preliminary injunctions, so that the defendant can put forward their arguments and to allow them to appear in Court immediately to rule on any request for ex parte preliminary injunctions.