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 Universidad Pontificia Comillas in 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 secret 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 Universidad Pontificia Comillas in 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 secret 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.
