Current Landscape 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. Three-month suspension of court orders 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).
2. The gradual resumption of business operations beginning June 4, 2020
Since the state of emergency was lifted on June 4, the Commercial Courts have been doing everything possible to return to normal operations. Some of the hearings that had been suspended have already taken place in July and September; others have been scheduled for the last quarter of the year; a few—the most complex ones—are still awaiting a hearing date; deadlines have resumed, and legal proceedings have resumed. But we shouldn’t get ahead of ourselves.
3. The Risk of an Economic Slowdown Through December 31, 2020
The devastating economic effects of the coronavirus have led the law to extend its “invitation” to the courts to give preferential treatment—through December 31, 2020 —to legal proceedings related to the pandemic. Industrial and intellectual property lawsuits do not benefit from this preferential treatment, with the exception of preliminary injunctions. Realistically speaking, it is foreseeable that there will be some slowdown in the processing of these cases in the coming months. In fact, our firm has already received hearing dates for ongoing cases scheduled for 2021.
4. A Period of Uncertainty Through June 2021
Curiously, the new law enacted in Spain dares to set a timeframe for the pandemic we are currently experiencing. Several of the measures it proposes to mitigate the effects of COVID-19 on the administration of justice will remain in effect until June 20, 2021. It seems reasonable to assume that the legislature believes that, until then—no matter how much the courts are reinforced—the situation remains uncertain.
5. The Commitment to Online Hearings
In this context, to avoid sounding alarmist, it should be noted that the Law reaffirms its commitment to virtual court hearings as a means of preventing delays should new outbreaks prevent in-person hearings. Legal regulations governing these hearings are expected soon. However, the courts—despite the disparities in resources available to different jurisdictions—are already implementing them. Our firm’s experience has been positive: we have already held one hearing and have four more scheduled before the end of the year. In addition, ELZABURU has collaborated on the development of a FIDE Protocol on remote hearings that can help alleviate any apprehension about this new tool.
6. ELZABURU SLP’s support for clients during their recovery
From the very first day of the lockdown, ELZABURU’s attorneys (and its entire staff) have continued to work remotely as usual and without restrictions. Many of the Legal Department’s services (customs matters, cyber violations, appeals before the CJEU, legal and contractual advice) were not affected. Furthermore, since the state of emergency was lifted, ELZABURU’s attorneys have maintained close contact with their clients to gain a firsthand understanding of their situations and devise strategies tailored to their needs. Our commitment to solidarity in the practice of law allows us to keep the flame of hope alive and to have confidence in a better future for everyone.
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