During the celebration of the Mobile World Congress (MWC) in Barcelona, from last March 2015, were adopted a series of commitments under the protocol of the Statute of the Mercantile Judges from Barcelona, approved by agreement of 15 July 2014 of the Standing Committee of CGPJ. They will be applied in the next 2016 edition on 22-25 February.
The resolution of patents and trademarks matters in due time, were the main purpose of this agreement, in order to improve the quality of justice.
The measures agreed:
- The protection of the companies participating in the Mobile World Congress regarding technological patents, industrial designs and trademarks, offering priority in those cases of possible infringements.
- The possibility to file before the Mercantile Courts of Barcelona, preventive statements in cases of industrial or intellectual property conflicts. This will avoid an application for precautionary measures without a hearing, and allow the case of the defendant party can be exposed.
- In cases of preventive statements filings, resolving within two days from entry into court, the request for precautionary measures without hearing, and within a maximum of ten days from entry into court with hearing.
- Commitment to value the emergency pursuant to the Article LEC 733, for the precautionary measures without hearing. It will be very important that the plaintiff submit the request in a proper term. In good faith when the owner of alleged infringed right has a prior knowledge and has filed the request with enough time, the hearing of the defendant party will not be prevented.