2nd COVID-19 Statement

Date
March 18, 2020

COVID-19 Statement

Last updated: April 27

 

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 assumption that judicial proceedings have come to a complete standstill for as long as it remains in effect (currently through May 10). The situation has evolved over time and requires some further clarification:

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.

2. Civil Actions

No total closure of the courts has been ordered, but measures have been implemented that hinder many of their operations:

Statutes of limitations for legal actions: The substantive statutes of limitations for bringing new legal actions are suspended until the state of emergency is lifted.

New lawsuits: Starting Wednesday, April 15, they can be filed online, as the CGPJ has now authorized the submission of non-urgent documents.

Deadlines for ongoing proceedings: These have been suspended and will resume once the state of emergency ends.

Public hearings: They have been suspended and will have to be rescheduled once things return to normal.

Interim measures / preliminary motions: In principle, it is possible to file a request for interim measures or a preliminary motion in urgent cases (if they are necessary to prevent irreparable harm to the parties’ legitimate rights and interests); however, since no deadlines are in effect and no hearings can be held, it is unlikely that such requests will be processed. It should be understood that the suspension period resulting from the State of Alarm will not prejudice the future assessment of periculum in mora.

General Case Processing: As of Wednesday, April 15, case processing has resumed, provided that it does not result in time-sensitive proceedings or the scheduling of hearings.

3. Border Measures

In Spain, customs interventions are governed by a European Union regulation but are enforced by a Spanish administrative body. The situation, therefore, is different:

Submission of new requests for intervention (SIA): Since the submission is done online, there is nothing preventing it.

SIA Renewal: Whether it is a Spanish SIA or an EU SIA, the deadlines remain in effect. The renewal application can be submitted online without any issues.

Customs seizures: Seizures of counterfeit goods have not been formally suspended; notifications are still being received. The deadlines remain in effect.

4. Police Actions

There are no specific provisions on this matter, but it is obvious that this type of action in cases involving non-priority crimes may be affected, namely:

Subpoenas and stock offerings: These are being received and addressed, although to a lesser extent.

Raids: Fairs and street markets have been banned, and non-food establishments are closed.

Reports: Even if the police accept a report, it is unlikely that a police investigation into these crimes will be launched.

5. Criminal Proceedings

Criminal courts continue to operate, but primarily for crimes that are considered a priority. Crimes against industrial property are not considered a priority. Consequently:

New complaints: Although they could be filed online with the Duty Court, people have always opted to file a police report, so this is an option of questionable effectiveness.

Court appearances and summonses in ongoing cases: These have been suspended. We have been informed that new dates will be set.

General proceedings: The investigation may proceed as usual, with the filing of briefs, although it will not result in summonses requiring appearances or testimony.

6. Administrative Appeals

The deadlines for administrative appeals against decisions by the Spanish Patent and Trademark Office have been suspended. This effectively brings all proceedings to a standstill.

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

Appeals before the General Court against EUIPO decisions 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 adopt a more flexible approach, and as of Thursday, April 23, the situation is as follows:

Hearings in pending cases: Hearings scheduled through May 25 have been postponed, and the parties are being notified.

Pending deadlines for appeals currently being processed: The pending deadlines are extended by one month.

New deadlines for pending cases: Any new deadlines set as of today will be determined based on the circumstances, but the Court will only handle urgent matters.

New appeals: The deadlines for filing appeals with the General Court or for filing appeals in cassation remain in effect and are not suspended; therefore, these appeals must be addressed.

Proceedings before the General Court: All deadlines remain in effect, without prejudice to the parties’ right to request an extension. Hearings will remain suspended until at least May 25.

8. Requirements

Requests can still be submitted through the postal service’s online procedures, but it is doubtful that they will be delivered to companies or businesses. One must also ask whether this is the best time to do so or whether it would be better to prepare them for submission at a later date.

9. Research

Online investigations into violations are still underway. In-person investigations—which involve traffic restrictions and business closures—are impractical, although preparations for them can be made.

10. Domain Name Disputes

WIPO has not, as of now, announced the suspension of the dispute resolution procedure under the UDRP, which was adopted by ICANN. It is still possible to file complaints.

ELZABURU's Capacity

As we have previously reported, the entire ELZABURU staff is working normally from home via our virtual desktop and is ready to file documents electronically with any authority and to continue preparing legal documents and strategies tailored to their clients’ needs for when the effects of the coronavirus subside.

 

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