Access Elzaburu's communications on the internal measures adopted and the consequences of the declaration of the state of alarm in Spain
1st COMMUNICATION – ELZABURU and the declaration of a state of alarm in Spain
Updated May 26, 2020
Dear clients, colleagues and friends:
The Spanish Government, through Royal Decree published in the Official State Gazette on Saturday, March 14, declared a state of alarm throughout the Spanish territory, for a period of 15 calendar days. This declaration, which has been extended on successive occasions, including the most recent one on May 8, aims to protect the health and safety of citizens, contain the progression of COVID-19 and strengthen the public health system. In relation to this statement, we would like to inform you of the following:
1.- That, as we have already reported, during these weeks we have suffered the loss of our President Alberto de Elzaburu. The rest of the ELZABURU staff, professionals, technicians and administrative staff, remain, almost entirely, in good health.
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Direct access to links of interest:
- Order JUS/430/2020, of May 22, activating Phase 2 of the De-escalation Plan for the Administration of Justice in the face of COVID-19
- Royal Decree 537/2020, of May 22, which extends the state of alarm
- Royal Decree 514/2020, of May 8, which extends the state of alarm
- Royal Decree 492/2020, of April 24, which extends the state of alarm
- Royal Decree 487/2020, of April 10, which extends the state of alarm
- Royal Decree 476/2020 of March 27, which extends the state of alarm
- Royal Decree 463/2020 of March 14 declaring the state of alarm
- EUIPO Decision (in English)
- Explanatory note from the EUIPO (in English)
- Resolution of the Director of the OEPM on the extension of procedures for the continuity of administrative procedures
- Resolution of the Director of the OEPM regarding deadlines in administrative processes
- Resolution of the Director of the SPTO on the continuation of administrative procedures
- Updated EPO information
- Decision of the President of the Community Plant Variety Office (CPVO) on extension of deadlines
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2nd COMMUNICATION – Procedural deadlines
Updated April 27, 2020
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 for fifteen days. Some nuances are necessary in this regard.
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.
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3rd COMMUNICATION – Postal and courier shipments
In these difficult times for everyone, we want to extend to all our clients, colleagues, friends and their families and relatives all our support and best wishes for health.
The measures imposed by the Spanish government through Royal Decree Law 10/2020, of March 29, require us to adopt certain precautions in relation to postal and courier shipments. In this context, we must ask that, starting today and until we inform you otherwise,
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4th COMMUNICATION – Impact on aid for innovation
The impact of the measures adopted as a consequence of the COVID-19 crisis on the procedures for granting aid for technological innovation projects
Royal Decree 463/2020 published on March 14, and by which the State of Alarm is declared in our country, establishes, among its measures, the suspension of administrative and expiration and prescription periods during the validity of the State of Alarm.
The implications of this suspension of deadlines therefore affect the procedures for granting aid or subsidies, and vary depending on the call for aid we are dealing with, and the type of body that manages it. In this note we have collected how some of these aid granting programs are affected.
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Direct access to links of interest:
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- Information about the IPA4SME program
- Information about the NEOTEC 2020 program
- AEI website
- AEI Questions and Answers
- CDTI website
- CDTI Questions and Answers
- General Secretariat of Industry and SMEs
- ENISA
- María Guzmán Call for aid to Promote Scientific Research of Excellence
- Accelerate SMEs
- Horizon 2020
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5th COMMUNICATION – Normalization in the processing of lawsuits in Spain
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:
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6th COMMUNICATION – Support for the cultural sector
Royal Decree-Law 17/2020 approving support measures for the cultural and tax sector to address the economic and social impact of COVID-19
In order to alleviate the negative effects caused by the COVID-19 crisis and the containment measures in this regard, the Royal Decree-Law that we analyze below has been published in the Official State Gazette on May 6, 2020 (in forward, the “RD 17 / 2020"), which approves the following measures to support the cultural sector.
If you want to know better the content of the RD, you can access the document prepared by the Elzaburu Media & Entertainment Area, in which they clarify all the details of the measures adopted to support this sector.
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7th COMMUNICATION – Spanish Justice gets underway
The Congress of Deputies, in Resolution published on May 23 in the BOE, has finally agreed to resume from 4 June close to the judicial and administrative processes that had remained suspended in Spain since the Winners will be announced in March due to the effects of confinement. The situation would be as follows:
1. Judicial procedures with suspended deadlines
The deadlines that were suspended in any judicial procedure as a result of the Declaration of Alarm will begin to be counted again since the beginning From the day 4 June.
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8th COMMUNICATION – Current panorama in Spain of IP lawsuits in a recurring pandemic scenario
The publication last Saturday of the Law 3/2020, of September 18, of procedural and organizational measures to confront COVID-19 in the field of the Administration of Justice, invites us to look back, without ceasing to look forward, to try to contextualize the effects of COVID-19 on lawsuits in industrial and intellectual property.
1. Three months of suspension of accusations and procedural deadlines
All readers of our previous Communications remember that as a consequence of the Declaration of Alarm decreed in Spain to contain the spread of the Coronavirus, judicial procedures (with the exception of urgent precautionary measures) have remained on hold since Winners will be announced in March al 4 June (82 days without hearings, prior hearings or deadlines).
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