Spain

Country code:

ES

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Background of colaboration

Information about funding opportunities for R&D projects:


Name of the programme	Funding organisation	Countries	Research Actions	Limitations
Horizon 2020	European Commission	EU EU-other countries	Research activities; Collaboration; Staff exchange; Other.	The conditions and constraints are established. They depend on the type of the action or the specific actions.
FECYT			Opportunities in European Programmes.
OEPM			Information on European aid.

Partner search facilities:


Name	Description	Scope	Costs
Information not available

Resources of information:


Name	Description	Costs
NETWATCH	Mapping networks; providing information on Joint Calls; analysing the impact of programme collaboration; describing the scope and results of individual networks; supporting mutual learning among transnational programme networks.	Free of charge
COST European Cooperation in the Field of Scientific and Technical Research	It is mainly an inter EU program but also offering cooperation with Israel. COST is an intergovernmental framework for European Cooperation in Science and Technology, allowing the coordination of nationally-funded research on a European level.	Free of charge
EUREKA	EUREKA is an international initiative which coordinates efforts of governments, research institutes and commercial companies concerning innovation. Its members are the EU countries and 14 more from around the world including Russia, Republic of Korea, Turkey, Albania.	Free of charge
REDOTRI: TTO's / incubator	RedOTRI is the Spanish Network of University Knowledge Transfer Offices, whose core mission is to support and promote the role of universities as key actors within the Spanish Innovation System. RedOTRI is constituted by Knowledge Transfer Offices belonging mainly to Universities but also to Public Research Organisations, as associated members.

Institutions supporting R&D collaboration:


Name	Description
Information not available

Legal framework for R&D cooperation:


Name of the agreement	Description
Several international agreements and treaties.	The agreements and treaties which Spain is part to are of both multilateral, regional and bilateral type (90 texts).

General IP info

Categories of IP rights:


Category of IPR	Name of the law	Registration needed	Where to register
Copyright	Consolidated text of the Law on Intellectual Property regularizing, clarifying and harmonizing the applicable statutory provisions approved by Royal Legislative Decree Nº 1/1996 of April 12	no, but it is useful as a proof in litigation cases	General Register of Intellectual Property
Patents	Law Nº 11/1986 of March 20 on Patents	registration is not required but recommended, as exclusive rights arise from a valid registration	The Spanish Office of Patents and Trademarks
Utility models	Law Nº 11/1986 of March 20 on Patents	registration is not required but recommended, as exclusive rights arise from a valid registration	The Spanish Office of Patents and Trademarks
Trade marks	Law Nº 17/2001 of December 7 on Trademarks	registration is not required but recommended, as exclusive rights arise from a valid registration	The Spanish Office of Patents and Trademarks
(Industrial) designs	Law Nº 20/2003 of July 7 on the Legal Protection of Industrial Designs (Registered Designs)	registration is not required but recommended, as exclusive rights arise from a valid registration	The Spanish Office of Patents and Trademarks
Geographical Indications	Law No. 24/2003 of July 10, 2003 on Vineyards and Wine + Spanish regional laws of Andalucía, Castilla la Mancha, Cataluña, Extremadura, La Rioja, etc.	yes	The Spanish Ministry of Agriculture
Know How	Law Nº 11/1986 of March 20 on Patents Indirect protection and also a general loyalty obligations between employee and employer.	no	-
Plant Breeders Rights	Law No. 3/2002 of March 12, 2002 amending Law No. 3/2000 of January 7, 2000 governing the Protection of Plant Varieties	yes	The Spanish Ministry of Agriculture, Register of Varieties
Topographies of Semiconductor Products	Law Nº 11/1988 of May 3 on the Legal Protection of Topographies of Semiconductor Products	yes	The Spanish Office of Patents and Trademarks

IPRs' databases:


Name of the source	What information can I find?	Language
CIBEPATNET- INVENES	Database for patents and utility models effective in Spain.	Spanish
MODINDUNET-INVENES	Designs effective in Spain.	Spanish
SITADEXNET	Trademarks effective in Spain.	Spanish
BOPI	Applications, notifications and resolutions related to the different types of Industrial Property in Spain.	Spanish
LATIPAT-ESPACENET	Latipat is an access point for searching public patent documents of Latin America and Spain using the Espacenet platform.	English, Spanish and Portuguese

Research related limitations and exceptions to IPRs:


Category of IP right	Type of limitation	Description	Relevant regulation
Patents/Utility models/Designs	!!! PATENTS ONLY!!! - Limitations on exclusivity:	Acts done privately and for non-commercial purposes; acts done for experimental purposes relating to the subject-matter of the patented invention, particularly tests and trials conducted with a view to obtain the authorisation for generic medicines; the extemporaneous preparation for individual cases in a pharmacy of a medicine, or acts concerning the medicine so prepared; the use of the patented invention on an air, land or sea vehicle by Member States of the Paris Convention or the World Trade Organisation in those cases where said means of transport temporarily or accidentally enter the Spanish territory.	Law Nº 11/1986 of March 20 on Patents, TÍTULO VI, Article 52
Patents/Utility models
Industrial Designs
Topographies of Semiconductor Products
Trade Marks	Limitations on exclusivity - Anyone may use the following:	His name, business name or address; Indications concerning the kind, quality, quantity purpose, value or geographical origin of the goods or services, the time of production of the goods or of rendering the services or other characteristics of the goods or services; The trademark, when this is necessary to indicate the intended purpose of goods or services, such as when the the trademark indicated that the intended purpose of the goods is as accessories or spare parts.	Law Nº 17/2001 of December 7 on Trademarks, TÍTULO II, Chapter II, Article 5 ff
Copyright	Limitations on exclusivity:	Temporary acts of reproduction without economic significance; Copies for private use; Reproduction, distribution and disclosure of works for the purposes of public security or to ensure the proper performance of formal proceedings; Adaptation of a work, that has already been disclosed, for disabled people on a ‘not for profit’ basis; Quotes and illustrations for teaching purposes; Works and articles on issues of current interest disseminated through the mass media; Access to the contents of a database and the normal use thereof by the user; Use of works for the purpose of reporting current events and the use of works located on public thoroughfares; Cable, satellite and broadcasting; Reproduction, lending and consultation of works located in specialised terminals of non-profit-making establishments for research and conservation purposes (museums, files, libraries, newspaper archives, sound archives, public film archives, etc.); Official acts and religious ceremonies; Parodies.	Consolidated text of the Law on Intellectual Property regularizing, clarifying and harmonizing the applicable statutory provisiones approved by Royal Legislative Decree Nº 1/1996 of April 12, TÍTULO III, Chapter II, Articles 31-39

IP Office:


Name of the office	Scope of activities
The Spanish Office of Patents and Trademarks	The Spanish Office of Patents and Trade Marks provides legal protection to all types of industrial property by awarding patents and utility models (inventions); industrial designs; trade marks and trade names (distinctive signs) and rights protecting topographies of semiconductor products. It also disseminates information on the various ways in which industrial property can be protected.

IP treaties & agreements:


Berne Convention	introduces minimum standard of copyright protection	yes
Paris Convention	establishes minimum standards of industrial property protection	yes
TRIPS		yes
WIPO conventions		yes
PCT		yes
EPC		yes
Madrid Protocol	allows registration of trademarks via international route	yes
Hague Convention		yes
UPOV		yes

Ownership rules:


Default (statutory) regime for the ownership	Author / creator or his succesor in title
Default (statutory) regime for employee’s creations	Employer, unless otherwise stipulated in the contract.
Ownership of research results in publicly sponsored research	In case of university research, the ownership belongs to the University, but professors/researchers will be entitled, in any case, to a share of the benefits obtained by the University from the use and transfer of the rights over their inventions. The University may also transfer the ownership to the creator. The results of public research and the right to apply for industrial property protection, which are obtained by a researcher in the execution of his/her duties, belong to the entities that he/she works for.
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually	In case of university research the ownership belongs to the University, but the professor/researcher will have the right, in any case, to participate in the benefits obtained by the University by means of using or transferring the rights of the inventions. The University may also transfer the ownership to the creator.
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually	If the invention is made by a professor in the course of a contract with a private or public entity, said contract should specify which one of the contracting parties is the owner of the invention. The type and amount of the share of the benefits obtained from the exploitation or transfer of the rights to which university researchers are entitled to shall be established by the Government, based on the specific characteristics of every research entity. Spanish autonomous regions may develop their own specific regulations on shares. With regard to students, there is a specific national law referring to the IP framework legislation.
Related law (name & link)	Consolidated text of the Law on Intellectual Property regularizing, clarifying and harmonizing the applicable statutory provisions approved by Royal Legislative Decree Nº 1/1996 of April 12 Law Nº 11/1986 of March 20 on Patents Law Nº 14/2011 of June 1 on Science, Technology and Innovation Law Nº 2/2011 of March 4 on Sustainable Economy Royal Decree Nº 1791/2010 of December 30 which approves the Statute of University Student

Dissemination rules:


Limitations on publication	Yes - a publication cannot be made by the researcher if the entity has not protected the right.
Specific rules regarding publication of scientific results financed by public bodies	The researcher shall publish a digital final version that includes the contents that have been accepted for publication in serial or periodical research publications within twelve months from the official publication date. This requirement is subject to potential transfers of the rights over the publications to third parties and shall not apply if the rights of the results of the research, development or innovation are subject to protection.
Non-disclosure clauses in research contracts	It is a common clause.

Specific incentives for innovation activities:


Related Law (name & Link)	Law Nº 14/2011 of June 1 on Science, Technology and Innovation Law Nº 2/2011 of March 4 on Sustainable Economy
Incentives provided by law for individual researchers	Public subsidies and grants; distinctions and awards.
Related Law (name & Link)	Law Nº 14/2011 of June 1 on Science, Technology and Innovation Law Nº 2/2011 of March 4 on Sustainable Economy
Incentives provided by HEI for researcher	Distinctions and awards.

Form of commercialisation:


Form of commercialisation	Requirements regarding form of contract	Limitations for HEIs	HEIs Unit responsible for commercialisation	Related law (name & link)
Patents: transfer/ licence	No	No	Technology Transfer Office and Incubators	Law Nº 11/1986 of March 20 on Patents
Copyright: transfer	Always written form	No	Technology Transfer Office	Consolidated text of the Law on Intellectual Property regularizing, clarifying and harmonizing the applicable statutory provisions approved by Royal Legislative Decree Nº 1/1996 of April 12

Revenue sharing:


Remuneration/ Participation in revenues	Statutory rules regarding remuneration	Statutory rules regarding revenue sharing	Internal HEIs rules regarding revenue sharing	Related law (name & link)
Patents	No standard amount is used		No standard amount is used. Public research institutions: 33%. Universities: normally 60% researcher - 40% University.
Copyright	The author is entitled to a proportional share of the revenue obtained from the exploitation within the amount agreed on by the transferor and the transferee. Nevertheless, a standard remuneration may be paid to the author in some cases.

Models of contracts used in R&D:


Type of contracts	Short description	Source (link)
Information not available