Coronavirus: impact on IP rights
National Rights (updated to decree-law no. 23/2020 and to IPTO notices of 14.04.2020):
deadlines are suspended from 23 February 2020 until 15 May 2020, with no need to apply for the suspension;
certificates, permits, concessions and authorisations, however named, expiring between 31 January and 15 April 2020, will remain valid until 15 June 2020;
the deadline for the requests for incentives provided for by the current UIBM calls for designs, trademarks and patents are extended until May 27 (call “Designs +4”), June 10 (call “Trademarks +3”) and May 20 (call “patents/POC”).
EU Trademarks and Designs (updated to EUIPO Decision no. EX-20-04 of 29.04.2020):
deadlines expiring between 9 March and 17 May are extended until 18 May 2020, with no need to apply. However, in the event that the parties choose to discharge their procedural obligations before the expiry of the extended time limit, the relevant time limite will be considered exhausted and the proceedings will continue without awaiting 18 May;
the extension also covers the deadlines for the payment of fees, for renewals and for oppositions; however, it does not cover the deadlines to file appeals before the EU General Court.
European Patents (updated to the EPO Notice of 01.05.2020):
deadlines expiring on or after 15 March 2020 are extended until 2 June. This also applies to international applications under the PCT;
in respect of deadlines that expired before 15 March 2020, it is possible to obtain an extension by demonstrating that in the ten days preceding the deadline it was not possible to fulfil due to exceptional circumstances, provided that the fulfilment is carried out within 5 days from the disappearance of such circumstances (rule 134 (5) EPC).
International Trademarks and Designs (updated to the WIPO Information Notices no. 5/2020 and no. 7/2020):
users who have failed to meet a deadline for a communication addressed to WIPO due to the fact that mail, delivery services and electronic communication are impracticable, may be excused if they send the communication within five days after regaining access to mail or delivery services or to electronic communication. Users must provide sufficient evidence of the reason why the International Bureau of WIPO should excuse the above-mentioned failure;
a deadline that expires on a day on which a national office is not open to the public will expire on the first subsequent day on which that office reopened. All time limits that concern that office (e.g., the time limit to send a provisional refusal) will be extended accordingly.
Elena Martini – elena.martini@martinimanna.com