25 Jan Mobile World Congress Barcelona 2024 and On-call and fast-action court protocol
Mobile World Congress (MWC) is the world’s largest and most influential congress for the mobile and connectivity industry. It brings together the latest innovations and leading-edge technology alongside the world’s most influential leaders and thinkers (https://www.mwcbarcelona.com/). This year’s edition will be held again at the Fira Gran Via in Barcelona from February 26 through February 29, 2024.
This year’s main theme is “Future First”. The key topics will be “5G and Beyond” (an in-depth look at 5G and its impact), “Connecting Everything” (including the Internet of Things, and cloud computing), “Humanising AI” (artificial intelligence – its growth, impact and potential), “Manufacturing DX” (digital engineering and manufacturing – welcome Industry 4.0!), “Game Changers” (the new technologies that will disrupt the future), and “Our Digital DNA” (digital inclusion, diversity and sustainable technology).
MWC Barcelona 2024 is expected to host over 100,000 attendees from over 200 countries and territories, over 2,400 exhibitors/companies, and 1,100 expert keynote speakers, including some of the leading names from across the connectivity space. Among the entities attending, one can see industry leaders like Accenture, Acer, Airbus, Amazon, AMD, Asus, AT&T, Caixa Bank, Cellnex, China Mobile, Cisco, D-Link, Dell, Deutsche Telekom, Ericsson, European Space Agency, Fujitsu, Google, GSMA, Hewlett Packard, Honor, HTC, Huawei, Intel, IBM, Kaspersky, Lenovo, LG, Logitech, Meta Platforms, Microsoft, Netflix, Nokia, Nvidia, Orange, OPPO, Optiva, Qualcomm, Samsung, Sandbox, Siemens, Sony, T-Mobile, TATA, Telefónica, Telenor, TikTok, TP-Link, University of Barcelona, Verizon, Vodafone, Xiaomi, YouTube, and ZTE, among others.
To tackle potential conflicts between participants during the event, in particular, infringements of intellectual property (IP) rights (e.g. software, patents, trademarks, designs), yet another year, the Commercial Courts of Barcelona and Alicante have set up an On-call and fast action protocol for MWC Barcelona 2024. It will be in force from February 1 through February 29, 2024.
The protocol will allow holders of IP rights to obtain preliminary injunctions and other measures in an extraordinarily short time in cases of infringements that may occur until the end of the event.
Under the protocol, the Courts will deal with preference and priority pretrial proceedings for collecting evidence, procedures of inquiries to substantiate facts (e.g. verification of infringement), urgent preliminary injunctions, and protective letters/briefs (an anticipated reply or an advance opposition to a foreseeable application for ex parte preliminary injunctions). These will be resolved in the following deadlines:
- within 2 days (48 hours)
- pretrial proceedings for collecting evidence
- procedures of inquiries to substantiate facts
- ex parte preliminary injunctions
- within 10 days – preliminary injunctions with a hearing provided that the respondent has previously filed a protective letter
- within 1 day (24 hours) protective letters will be admitted
The Courts may also adopt the necessary measures to protect the confidentiality of pieces of information that may constitute trade secrets.
The adopted pretrial proceedings for collecting evidence, inquiries to substantiate facts and preliminary injunctions will be immediately enforced.
The Courts have undertaken to adopt and extend the immediate enforcement of inquiries and injunctions in the metaverse, other types of virtual environments and worlds or online platforms.
A major new feature of 2024 is the possibility of immediate enforcement of inquiries and injunctions where infringements derive from contents generated by artificial intelligence (AI) systems.
The Courts of Barcelona will carry out the immediate enforcement of the measures adopted by the Courts of Alicante related to the infringement of EU trademarks and Community designs.
The protocol will apply to patents, utility models, industrial designs (Spanish, international and community), trademarks (Spanish, international and EU), registered trade names, intellectual property, antitrust, unfair competition, illegal advertising, and trade secrets.
The full text of the protocol is available on this link.
If you have any questions, please contact us.
Written by Emil Edissonov, Lawyer and Partner at CURELL SUÑOL SLP
Photo: © 2023 GSMA / MWC