Mobile World Congress 2016 Barcelona

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The Mobile World Congress is the most important worldwide convention in the mobile telecommunications sector. This congress takes place annually in Barcelona Fair, Spain, and its next edition will be celebrated from 22nd to 25th February 2016.

The Commercial Courts in Barcelona adopted on 22nd January 2016 an immediate action protocol for the Mobile World Congress for the quick resolution of potential industrial and intellectual property conflicts that establishes a precedent for future fairs and congresses.

The so-called "IP fast protocol", consisting of a series of guidelines to protect the lawful owners of intellectual, for example copyrights in software, brands or intellectual property right, and industrial (trademarks, technology patents, industrial designs, etc.) that will enable right holders to obtain preliminary injunctions for infringements of IP rights in an extraordinarily short period of time during the celebration of the Mobile World Congress.

In addition, the Protocol provides for the possibility to file "protective letters" by those who suspect that an urgent preliminary injunction ex parte will be filed against them.

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The commitments adopted were:

a) Give preferential and priority processing to emergency protective measures (with or without a hearing) concerning technological patents and industrial designs of the companies presented at the Mobile World Congress; as well as trademark and IP right violation such as unfair competition and illegal advertising relating to products and materials exposed or exhibited at the fair.

b) Commitment to resolve within two days from entry into court the request for precautionary measures without hearing of the defendant party; and within a maximum of ten days from entry into court for the resolution of precautionary measures with notice of hearing, provided that a preventive statement has submitted.

c) In the context of a possible conflict in industrial or intellectual property with another company and facing the reasonable fear of being subject to an application for precautionary measures without a hearing, to admit the filing of preventive statements before the Commercial Courts of Barcelona, in order to avoid, to the extent it is possible, that precautionary measures are taken without hearing the defendant. This will allow on the one hand that the defendant has a chance expose its case; and it will on the other hand guarantee a chance to appear before the court immediately to resolve any request for precautionary measures without hearing.

d) The prior behavior of the plaintiff and the speed with the reacts to the knowledge of any infringement will be crucial in determining whether to apply the urgency in adopting precautionary measures without a hearing established in Article LEC 733, so long as this is not contrary to the real aim of the precautionary measure. In this regard, it will be important that the plaintiff submits the request for urgent precautionary measures in good time such that it in good faith does not reasonably prevent the hearing of the defendant taking place, and where the owner of the allegedly infringed right has prior knowledge of the possible infringement and has filed its case with enough time.

We are able to provide a special legal guidance and assistance in the Mobile World Congress, from filing and injunction against a competitor company to drafting and filing precautionary documents. In case you would like to receive further information, please contact us at our email address This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Photo by Eugenio Egea Gaeta

 
Internationalization of Companies

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Introducing your products in a different market requires a careful approach from different angles most companies overlook:

 

1. Selecting the most convenient corporate structure

  • Subsidiary
  • Branch
  • Joint-Venture

2. Identifying adequate commercial agreements:

  • Franchise
  • Distribution
  • Agency
  • Know- how
3. Foreseeing Tax implications:
  • Double tax treaties
  • Non resident taxation

We are able to provide legal guidance and assistance in the internationalization of your companies in Spain and in the Pacific Alliance member countries: Mexico, Colombia, Chile and Peru.

Contact us for more information.

 

 

 
International Franchise Expo 2014 New York

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Last June (19-21), the IFA's International Franchise Expo took place in New York City hosting over 400 top franchises. The Spanish Franchise Association was present during the exhibition providing assistance and support to the Spanish participant franchises.

Our Firm has participated in this event, invited by the US Embassy in Spain's Commercial Service, where several meetings with US and Canadian franchises have been held. Our managing  partner, Mr. Eugenio Egea Gaeta, has had the chance to meet with entrepreneurs who are interested in incorporating this type of commercial agreement in their international investment plans.

Whether investing in a business idea developed by others or expanding your own successful venture abroad, the franchise is undoubtedly a most convenient tool which allows business internationalization to reach a faster return on investment.

It is fact that in the last decade, the number of companies expanding their products and their business idea abroad has increased very quickly.

Our firm has been invited in many occasions as part of business delegations attending international franchise expositions. We have provided assistance to companies and business owners in the initial stages of negotiations and in the selection of additional service providers abroad. Contact us for further information about this service.

 

International Franchise Expo