COVID-19 Announcements

Date
March 16, 2020

Elzaburu, COVID-19 Statement

 

Access Elzaburu's press releases regarding the internal measures taken and the consequences of the declaration of a state of emergency in Spain

1st STATEMENT – ELZABURU and the declaration of a state of emergency in Spain

Updated on May 26, 2020

Dear customers, colleagues, and friends:

The Spanish government, by Royal Decree published in the Official State Gazette on Saturday, March 14, declared a state of emergency throughout Spain for a period of 15 calendar days. This declaration, which has been extended on several occasions—including most recently on May 8—is intended to protect the health and safety of citizens, contain the spread of COVID-19, and strengthen the public health system. In connection with this declaration, we would like to inform you of the following:

1. As we have already reported, we have suffered the loss of our President, Alberto de Elzaburu, in recent weeks. The rest of the ELZABURU staff—professionals, technicians, and administrative personnel—remain, almost in their entirety, in good health.

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2nd ANNOUNCEMENT – Procedural Deadlines

Updated April 27, 2020

Have all intellectual and industrial property lawsuits in Spain been put on hold?

The declaration of a state of emergency in Spain in response to the spread of COVID-19 has led to the impression that judicial proceedings have come to a complete standstill for fifteen days. Some clarification is needed in this regard.

1. Online Violations

The safeguard procedure against online copyright infringement remains in effect. You can continue to request the removal of illegal content through the online procedure with the Intellectual Property Commission of the Ministry of Culture. Nothing has changed either regarding the ability to remove content from internet platforms through their own dispute resolution mechanisms.

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3rd ANNOUNCEMENT – Mail and Courier Shipments

During these difficult times for everyone, we want to extend our full support and best wishes for good health to all our customers, colleagues, friends, and their families and loved ones.

The measures imposed by the Spanish government through Royal Decree-Law 10/2020, dated March 29, require us to take certain precautions regarding postal and courier shipments. In light of this, we must ask that, effective today and until further notice,

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4th STATEMENT – Impact on Innovation Grants

The Impact of Measures Adopted in Response to the COVID-19 Crisis on Procedures for Granting Aid for Technological Innovation Projects

Royal Decree 463/2020, published on March 14, which declares a state of emergency in our country, establishes, among other measures, the suspension of administrative deadlines, as well as expiration and statute of limitations periods, for the duration of the state of emergency.

The implications of this suspension of deadlines therefore affect procedures for awarding grants or subsidies, and vary depending on the specific grant program in question and the type of agency administering it. In this note, we have outlined how some of these grant programs are affected.

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5th STATEMENT – Standardization of the Processing of Lawsuits in Spain

A Step Toward Standardization in the Handling of Lawsuits in Spain

The declaration of a state of emergency due to the spread of COVID-19 led to a relative suspension of industrial and intellectual property litigation in Spain as of March 16. The scope of this suspension has already been addressed in a previous ELZABURU Circular.

In the time since then, quite a few questions had arisen regarding the resumption of court proceedings after the lockdown period ended. The government sought to address some of these concerns in Royal Decree-Law 16/2020, dated April 28, which was published on April 29. The situation we are facing is as follows:

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6th STATEMENT – Support for the Cultural Sector

Royal Decree-Law 17/2020, which approves support measures for the cultural sector and tax measures to address the economic and social impact of COVID-19

In order to mitigate the negative effects caused by the COVID-19 crisis and the related containment measures, the Royal Decree-Law discussed below (hereinafter,“RD 17/2020”) was published in the Official State Gazette on May 6, 2020, approving the following measures to support the cultural sector.

If you would like to learn more about the content of the Royal Decree, you can access thedocument prepared by Elzaburu’s Media & Entertainment Division, which explains all the details of the measures adopted to support this sector.

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7th STATEMENT – The Spanish judicial system springs into action

The Congress of Deputies, in a resolution published on May 23 in the Official State Gazette (BOE), has finally agreed to resume, as of June 4, the judicial and administrative proceedings that had been suspended in Spain since March 14 due to the lockdown. The situation will be as follows:

1. Legal proceedings with suspended deadlines

Time limits that were suspended in any legal proceeding as a result of the Declaration of a State of Emergency will resume running from the beginning as of June 4.

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8th STATEMENT – Current Overview of IP Litigation in Spain Amid a Recurring Pandemic

Last Saturday’s publication of Law 3/2020, dated September 18, on procedural and organizational measures to address COVID-19 within the justice system, invites us to look back—while continuing to look ahead—in an effort to contextualize the effects of COVID-19 on industrial and intellectual property litigation.

1. A three-month suspension of court appearances and procedural deadlines

All readers of our previous bulletins will recall that, as a result of the state of emergency declared in Spain to contain the spread of the coronavirus, judicial proceedings (with the exception of urgent interim measures) have been suspended from March 16 through June 4 (82 days without hearings, preliminary hearings, or deadlines).

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