No, this isn't a science fiction movie. Organic Law 3/1 of January 2025, on the efficiency of the public justice system in all matters pertaining to the new Means of Adequate Dispute Resolution (MASC), came into force on April 7rd. This means that, from now on, it will no longer be possible to file a civil lawsuit if the dispute has not first been resolved through one of the alternative means proposed by the law.
In the last three months, the expression "procedural requirement," so typical of procedural law, has become famous. By giving ADR this status, the legislator has elevated "the temple of Concord" above the "temple of Justice."
We said it wasn't a movie, but the reality is that it could very well be a remake. The civil courts already had this formula, through the Judicial Conciliation Act, until the 1984 reform that made it an optional procedure. And, by the way, with widespread applause.
The impact on Industrial and Intellectual Property litigation
The questions now open for intellectual property litigation, which our litigation attorneys will be discussing over the coming weeks, are numerous:
- Are we facing one of those changes that are made so that everything remains the same, so that they will continue to be used in practice, with the due updates, means as common as the prior request?
- Will these MASC be interpreted by the courts as unrecoverable defects?
- How will professional firms address MASC and the new services they entail?
Let's hope, in any case, that MASC Day, even though it's not the title of a film and despite its remake feel, doesn't end up becoming a piece of experimental cinema that baffles fans.
Enrique Armijo (Partner of the area legal of Elzaburu) and Carlos Moran (Partner of the area legal from Elzaburu).
