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Workgroup

Telematic Views

Why?

Since the beginning of the COVID-19 crisis, they have been launched in Fide a series of working groups aimed at analyzing, from different perspectives, the present and future consequences, both legal, economic and social, that will inevitably accompany the health crisis caused by the pandemic. FIDE considers the leading role that civil society must assume in decision-making essential, and even more so, in a situation as exceptional as the one that is happening right now.

With this objective in mind, a working group was created last year, comprising a group of renowned professionals to reflect on Telematic holding of hearings and substitution by written procedure, analyzing the procedural requirements and guarantees to be considered in the civil jurisdictional order, with special attention to ordinary trial and the precautionary process.

Publications

2nd Conclusion Document

Document presented on February 2, 2021.

Throughout the following document, proposals are made on the following issues:

1st.- Convenience of interoperability of systems for holding hearings

telematics. (2.3)

2nd.- Regulation of the scope of telematic views. (3.18)

3rd.- Criteria for choosing to hold the Telematic View. (3.19)

4th.- Durability of the telematic views beyond the pandemic. (3.20)

5th.- Regulation of mixed or hybrid views (4.11)

6th.- Motivation for the decision to hold telematic views. (5.10)

7th.- Minimum content of the resolution that agrees to hold the hearing

telematics. (6.6)

8th.- Application of the principle of publicity (8.5)

9th.- Constitution of the Court. (9.5)

10th.- Function of the Lawyer of the Administration of Justice in the telematic hearings.

(10.4)

11th.- Provision of proof note. (12.4)

12th.- The contribution of documents. (14.8)

13th.- Evidence activity in the precautionary process. (21.5)

14th.- Recording of the hearing. (24.5)

15th.- Substitution of orality by written procedure. (26.4)

Have participated in this working group: 

Antonio Castan Perez-Gomez

Partner of Elzaburu SLP, Lawyer since 1985. Professor of Procedural Law at the Comillas Pontifical University of Madrid. He regularly participates in national and international conferences on intellectual and industrial property. He has published two books «Plagiarism and other studies in Copyright» and «Intellectual Property and also, Poetry». Most recent articles: “Business secrecy and Intellectual and industrial property: affinities and divergences” or “Industrial property in the digital ecosystem”. Member of the Academic Council of FIDE.

Ignacio Diez-Picazo

Professor of Procedural Law at the Complutense University of Madrid. Lawyer and Managing Partner of Díez-Picazo Abogados. Surplus member of the Corps of Lawyers of the Constitutional Court. Member of the Fifth Section of Procedural Law of the General Codification Commission. Corresponding academic and member of the Procedural Law Section of the Royal Academy of Jurisprudence and Legislation of Spain. Member of the Academic Council of FIDE.

Cristina Jimenez Savurido

President of the Foundation for Research on Law and Business, FIDE, of which he was founding Patron. Judge on leave. Practicing lawyer.

Florencio Molina Lopez

Magistrate-Judge of the Commercial Court No. 5 of Barcelona.

Victor Moreno Catena

Professor of Procedural Law at the Carlos III University of Madrid. Director of the IAMJL. President of the Spanish Union of Criminal Lawyers. Principal investigator of national and international research projects. He has a long research career as the author of numerous publications. Member of the Academic Council of Fide.

Yolanda Rios Lopez

Magistrate-Judge of the Commercial Court No. 1 of Barcelona.

 

All the people who have participated in this working group of Fide, have done so in a personal capacity and not on behalf of the entities, offices, Universities or companies, where they carry out their professional work, so these conclusions do not reflect and do not include institutional positions but rather particular ones of each one of the members of the group.

1st Conclusion Document

Document presented on May 9, 2020.

  • Telematic holding of hearings and substitution by written process. Procedural requirements and guarantees to be considered in the civil jurisdiction order (with special attention to the ordinary trial and the pre-trial process).

  • Conclusions

  • Protocol of judicial action in the hearings of precautionary measures and in the ordinary trial (prior hearing and trial) of the civil process

Have participated in this working group: 

Antonio Castan Perez-Gomez

Partner of Elzaburu SLP, Lawyer since 1985. Professor of Procedural Law at the Comillas Pontifical University of Madrid. He regularly participates in national and international conferences on intellectual and industrial property. He has published two books «Plagiarism and other studies in Copyright» and «Intellectual Property and also, Poetry». Most recent articles: “Business secrecy and Intellectual and industrial property: affinities and divergences” or “Industrial property in the digital ecosystem”. Member of the Academic Council of FIDE.

Ignacio Diez-Picazo

Professor of Procedural Law at the Complutense University of Madrid. Lawyer and Managing Partner of Díez-Picazo Abogados. Surplus member of the Corps of Lawyers of the Constitutional Court. Member of the Fifth Section of Procedural Law of the General Codification Commission. Corresponding academic and member of the Procedural Law Section of the Royal Academy of Jurisprudence and Legislation of Spain. Member of the Academic Council of FIDE.

Javier Fernandez-Lasquetty Quintana

Lawyer, specialist in Intellectual Property and Information Technologies. Partner of Elzaburu SLP. Professor and Director of IP programs at IE Law School. Professor at the WIPO Academy and panelist at its Center for Arbitration and Mediation. Member of the board of directors of DENAE and Les España & Portugal. Member of the Academic Council of FIDE, director of the annual Congress on Industrial and Intellectual Property and Co-director of the International Congress on Artificial Intelligence and Intellectual Property.

Rafael Fernández Morlanes Prosecutor

Attached to the Barcelona Provincial Prosecutor's Office. Member of the Academic Council of FIDE.

Cristina Jimenez Savurido

President of the Foundation for Research on Law and Business, FIDE, of which he was founding Patron. Judge on leave. Practicing lawyer.

Florencio Molina Lopez

Magistrate-Judge of the Commercial Court No. 5 of Barcelona.

Victor Moreno Catena

Professor of Procedural Law at the Carlos III University of Madrid. Director of the IAMJL. President of the Spanish Union of Criminal Lawyers. Principal investigator of national and international research projects. He has a long research career as the author of numerous publications. Member of the Academic Council of Fide.

Yolanda Rios Lopez

Magistrate-Judge of the Commercial Court No. 1 of Barcelona.

 

All the people who have participated in this working group of Fide, have done so in a personal capacity and not on behalf of the entities, offices, Universities or companies, where they carry out their professional work, so these conclusions do not reflect and do not include institutional positions but rather particular ones of each one of the members of the group.

Academic coordination: Carmen Hermida

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