Access Elzaburu’s statements on the internal measures adopted and the consequences of the state of alarm declared in Spain

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

Last update: 26 May 2020

Dear clients, colleagues and friends,

The Spanish government, by means of the Royal Decree published in the Official State Gazette of Saturday, 14 March, declared a state of alarm throughout Spain, for a period of 15 days. This declaration, which has been subject to successive extensions, including the most recent extension of 24 April, is aimed at protecting the health and safety of citizens, containing the spread of COVID-19 and bolstering the public health system. We wish to advise as follows in relation to the government’s declaration:

1. As we have already informed you, in the past few weeks we have suffered the loss of our President, Alberto de Elzaburu. The rest of ELZABURU’s workforce, professionals, technical specialists and administrative staff, are almost all in good health.

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Links of interest:

• RD. 514/2020, 8th of May
• RD. 492/2020, 24th of April
• RD. 487/2020, 10th of April
• RD. 476/2020 27th of March
• RD. 463/2020 14th of March
• EUIPO Decision
• EUIPO further guidance and clarifications
• Resolution of the Director of the SPTO on the subject of time limits in administrative procedures
• Measures taken by the SPTO
• Continually updated information – EPO
• Decision of the President of the CPVO concerning the extension of time limits

2nd STATEMENT – Procedural deadlines

Have all IP litigations in Spain come to a halt?

The state of alarm declared in Spain as a result of the spread of COVID-19 could lead to consider that court proceedings are placed entirely on hold for fifteen days. However, we would like to draw attention to certain differences that shall be observed depending on the nature of the action:

1. On-line Infringements
The procedure for safeguarding against online copyright infringements remains operational. The removal of illicit content can still be requested by means of the online procedure of the Ministry of Culture’s Intellectual Property Commission. There are no changes either with respect to the possibility of removing content from Internet platforms via the corresponding dispute resolution mechanisms.

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Links of interest:

• RD. 463/2020. Declaration of the state of alarm (Procedural and administrative time limits in Additional Provisions two, three and four)
• National Judicial Council decision
• Decision of the CJEU
• National Judicial Council Decision

3rd STATEMENT – Postal and courier deliveries

At this very difficult time for us all, we wish to send our clients, colleagues, friends and their families and loved ones, all our support and best wishes for good health.

The measures imposed by the Spanish government under Royal Decree-Law No. 10/2020 of 29 March 2020, have forced us to adopt certain precautions with regard to postal and courier deliveries. In this regard, from today and barring any indication from us to the contrary, we must ask you to please proceed as follows:

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Links of interest:

• • RD. Law 10/2020, 29th of March

5th STATEMENT – Returning to normal in the handling of litigation in Spain

The state of alarm declared in Spain, as a result of the spread of COVID-19, has to a large extent put IP litigation on hold since 16 March. The extent of this disruption has already been discussed in a previous circular from ELZABURU.

Since then, many questions have arisen with regard to the resumption of procedural activity once the lockdown period ends. The Spanish Government sought to provide clarification on some of these issues in Royal Decree-Law No. 16/2020, of 28 April, published on 29 April. The scenario we now face is the following:

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Links of interest:

• • Royal Decree-Law 16/2020, of 28 April, on procedural and organisational measures to address the COVID-19 crisis within the scope of the Justice Administration

6th STATEMENT – Tax incentives for foreign film production in Spain

New measures regarding tax incentives for foreign film production in Spain

In order to mitigate the negative effects of COVID-19, Spanish Government has issued specific measures to support cultural industry. These measures include advantages in relation to tax benefits applicable for foreign productions with eligible expenditure performed in Spain.

1. General rules

· The applicable rebate percentage for foreign production has now been increased to 30% on the first million of eligible expenditure and 25% on any expenditure over the first million.

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7th STATEMENT – The Spanish courts are to resume their activities

The Spanish courts are to resume their activities

The Spanish Parliament, in its Resolution published in the Official State Gazette on 23 May, has finally agreed to the resumption of judicial and administrative proceedings from 4 June, suspended in Spain since 14 March due to the lockdown. The situation would be as follows:

1. Court proceedings with suspended deadlines

Any deadline in any court proceedings suspended as a result of the state of alarm, will be calculated again from the beginning, as of 4 June.

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Links of interest:

• • Resolution of 20 May 2020, of the Spanish Parliament, ordering the publication of the Decision authorizing the extension of the state of alarm declared by Royal Decree 463/2020 of 14 March