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ELZABURU

2nd COVID-19 statement

covid-19 statement

Last update: April 27

 

Have all intellectual and industrial property lawsuits been paralyzed in Spain?

The declaration of the State of Alarm in Spain as a result of the advances of COVID-19 has implied that judicial processes have been completely paralyzed during the time it remains in force (currently until May 10). The situation has evolved over time and also requires some nuances:

1. Network violations

The safeguarding procedure against copyright fraud on the Internet remains operational. You can continue to request the removal of illegal content through the online procedure before the Intellectual Property Commission of the Ministry of Culture. Nothing has changed either regarding the possibility of removing content from internet platforms through their own dispute resolution mechanisms.

2. Civil actions

The total closure of the Courts has not been decreed, but measures have been taken that compromise many of their actions:

Limitation periods for actions: the substantive prescription periods for the exercise of new actions are interrupted until the state of alarm is lifted.

New demands: As of Wednesday, April 15, they can now be filed electronically, because the CGPJ now authorizes the presentation of non-urgent documents.

Deadlines in ongoing procedures: have been interrupted and will resume when the alarm stops.

Public Views: have been suspended and will have to be rescheduled when normality returns.

Precautionary measures / preventive writings: in principle it is possible to present a request for precautionary measures or a preventive document in urgent cases (if they are necessary to avoid irreparable damage to the rights and legitimate interests of the parties), but since there are no deadlines and no hearings can be held, it is unlikely to be processed. It must be understood that the period of suspension due to the State of Alarm will not harm the appreciation of the periculum in mora in the future.

General processing: Since Wednesday, April 15, the processing of the processes has resumed, as long as it does not give rise to deadline actions or hearings.

3. Border measures

Customs interventions are governed in Spain by a European Union Regulation, but are applied by a Spanish administrative body. The situation, therefore, is different:

Presentation of new requests for intervention (SIA): since the presentation is telematic, nothing prevents it.

SIA renewal: whether it is a Spanish SIA or one from the European Union, the deadlines are still in force. The renewal can be submitted electronically without problems.

Customs interventions: Counterfeit merchandise interventions have not been formally stopped. Notifications are being received. The deadlines are still ticking.

4. Police actions

There is nothing provided in this regard, but it is obvious that this type of actions in crimes that are not a priority can be altered, that is:

Summons and offering of shares: they are being received and attended to, although to a lesser extent.

Raids: fairs and markets have been prohibited and non-food establishments are closed.

Complaints: Although the police may accept a complaint, the police investigation for these crimes is unlikely to be launched.

5. Criminal actions

The criminal courts continue to work but only for mainly crimes that enjoy priority. Crimes against industrial property are not a priority. Consequently:

new complaints: although they could be presented electronically in the Court of Guard, the police report had always been opted for, making it an option of dubious effectiveness.

Views and summonses in ongoing processes: have been put on hold. We have been informed that they will be pointed out again.

General processing: The investigation may continue its course, with the presentation of documents, although it will not give rise to accusations that imply appearances or statements.

6. Contentious-administrative resources

The deadlines for contentious-administrative appeals against decisions of the Spanish Patent and Trademark Office have been suspended. This implies the de facto paralysis of all procedures.

7. Appeals to the Court of Justice of the European Union.

Appeals to the General Court against decisions of the EUIPO and proceedings before the Court of Justice (in appeals against judgments of the General Court and in preliminary rulings arising from national disputes) are governed by European Union law. The Court has continued to make its position more flexible and as of Thursday, April 23, the situation is as follows:

Views on pending resources: The Hearings scheduled until May 25 have been postponed and the parties are being informed.

Pending deadlines in pending resources: pending deadlines are extended by one month.

New deadlines for pending matters: Any new deadlines from today will be set based on the circumstances, but the Court will only work on urgent matters.

New resources: the deadlines for lodging appeals before the General Court or for cassation appeals continue and are not suspended, so it is necessary to attend to them.

Appeals to the General Court: all deadlines continue their course, without prejudice to the parties to request an extension. The Hearings will remain suspended, at least, until May 25.

8. Requirements

Requests can continue to be sent through electronic postal procedures, but it is doubtful whether they can be delivered to companies or establishments. You also have to ask yourself if it is the best time to do it or if it is preferable to leave it ready to send it later.

9. Investigations

Investigations of online violations remain operational. In-person meetings, with the prohibition of movement and closure of establishments, are impracticable, although they can be prepared.

10. Domain Name Lawsuits

WIPO has not communicated today the suspension of the dispute resolution procedure under the UDRP Policy, adopted by ICANN. Filing of lawsuits is possible.

ELZABURU capacity

As we have already reported, the entire ELZABURU staff works normally from home through our virtual desktop and is able to electronically present briefs to any Authority and continue preparing briefs and strategies, tailored to the needs of its clients. for when the effects of the Coronavirus stop being felt.

 

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