A step forward towards normalization in the processing of lawsuits in Spain
The Declaration of Alarm as a result of the spread of Covid-19 brought with it paralysis in Espala on of industrial and intellectual property lawsuits since March 16. The extent of this stoppage has already been the subject of a Previous circular from ELZABURU.
In the time that has passed since then, many questions have been raised regarding the resumption of procedural activity after the confinement period ended. The Government wanted to resolve some of these doubts in a Royal Decree-Law 16/2020, of April 28, published on April 29. The scenario we face is the following:
1. Maintenance of the suspension until May 10
The measures are based on the fact that the suspension of deadlines and procedural indications will remain in force as long as the Declaration of Alarm is not lifted. Today the scheduled date is May 10th. In the meantime, writs can be submitted and judicial notifications can be received, but they will not give rise to a deadline.
2. The partial authorization of the month of August to carry out certain judicial actions
All judicial proceedings may be carried out between the August 11 and 31, a period that traditionally represented the official vacation of the Courts. This means that Views can be marked on those dates. There is a doubt, due to the general context of the measures adopted, whether this authorization will operate only for those actions that are urgent in nature (for our purposes: precautionary measures, preventive writs, preliminary proceedings).
This authorization for the month of August No. It should mean that the procedural deadlines, if they are not linked to urgent actions, will also run on those dates. For these purposes, the month of August could continue to be non-working.
3. The calculation of the deadlines that had been suspended, when the procedural activity is resumed
The procedural deadlines that were suspended as a result of the Declaration of Alarm will be computed again since the beginning, when the confinement is lifted. That is, the first day of the period will be the day following the day on which the suspension ceases to have effect. This resolves an important doubt.
4. Extension of the deadlines to appeal sentences that are notified during the suspension period or immediately after the lifting
The Government extends the period to appeal those sentences that can be notified to the parties on the days in which the suspension remains in force and even in the 20 business days nexts to lifting the suspension. The extension will be for a period same to the legally provided for the resource. In this way, if the notification of the sentence occurs now, before the lifting of the suspension, the first day of the deadline will be the day after the lifting and from there the deadline will be computed multiplied by two.
5. Preferential processing until December 2020 of certain judicial procedures.
The measures approved by the Government opt to grant preference in the processing of judicial procedures and until the December 31th 2020 to certain matters related to the economic and social effects of the Coronavirus. Among these subjects No. There are industrial and intellectual property rights. The law, however, expressly excludes from this limitation at urgent actions in any area. We must hope that precautionary measures, preventive briefs and preliminary IP proceedings are not discriminated against in this preferential treatment.
6. Holding of Hearings in the period after the lifting of the suspension by electronic means.
To three months later of the lifting of the suspension, appearances, hearings and statements in any kind of trial will be carried out “preferably” by via telematics, and not in person, as long as the Courts have the means to do so.
The RDL does not resolve the question of whether the Hearings already scheduled for the moment immediately after the lifting of the suspension can be held or whether they can be postponed in line with these other factors (if the Court has telematic means, the additional period of 20 days to file appeals, the 3 months indicated in the previous paragraph or the date of December 31 for preferential treatment of certain processes).
7. The possibility of holding Views in the afternoon
For a space of three months The work days of the personnel serving the Administration of Justice will be morning and afternoon, which could extend the calendar of Court appointments, alleviating the delay.
8. Other services not affected
In the previous ELZABURU Communiqué, many legal services were identified that we continue to provide in IP and that are not affected by these procedural measures: network infractions, customs measures, police measures, extrajudicial claims, investigations, appeals before the Court of Justice, claims regarding domain names, contracting, advice in general. Nothing changes about it.
9. ELZABURU LEGAL Team
The team of lawyers and administrative staff of the LEGAL Area of ELZABURU continues to telework, since the first day of confinement, at the service of their clients, looking out for their interests at a time when the impact of the Coronavirus leaves no one indifferent.
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