The purpose of this post is to discuss a current legal topic while introducing/reviewing legal terminology.
Today we will deal with an issue related to Intellectual Property (or IP) (Propiedad intelectual e industrial). The Barcelona Commercial Court (Juzgado de lo Mercantil) has approved a protocol which provides a fast-track procedure (procedimiento de tramitación preferente y prioritaria) to deal with IP infringements (infracción de derechos de propiedad intelectual) which may arise during the World Mobile Congress (WMC) to be held between February 27 and March 2 of this year.
The protocol approved by the Barcelona IP Court is an example of an attempt to provide the legal and enforcement framework (marco normativo y de aplicación) needed in this highly competitive market.
Although the protocol was initially approved in 2015, it did not receive the publicity needed to make it known before the date of the Congress, which prevented a meaningful application of a well-intentioned measure. Thereafter, during the WMC held in 2016, according to the report published by www.poderjudicial.es, fourteen protective letters (escritos preventivos) were filed (presentados), twelve of them were related to patents (patentes), one to trademarks (marcas), and one dealt with industrial design (diseño industrial). It should be highlighted that all of them were processed (tramitadas) and decided (resueltas) the same day of filing with the Commercial Court. Additionally, two requests for ex-parte preliminary injunctions (medidas cautelares urgentes inaudita parte) were filed, requesting the removal of certain stands in the Congress, which were processed and dismissed (desestimadas) on the day following the filing. In this line, the forecast for 2017 is that the number of protective letters will increase, as well as the number of requests for ex-parte preliminary injunctions.