Joint Ventures/Licensing In Spain

A Hot Tip about Contracts in Spain

Posted on: 24 Feb 2010

License contracts in Spain may cover industrial property rights (patents, utility models, trademarks), intellectual property rights (rights of use for literary, scientific, artistic works, or software), know-how, or other uses of technology. Spanish regulations allow the parties a wide range of freedom to negotiate terms and conditions of the agreement.


There are many clauses common to this type of contract, such as:

* Exclusivity clauses, sometimes including exclusive purchase obligations;

* Measures to limit the licensor's commercial activity;

* Confidentiality and non-competition obligations;

* Obligations relating to improvements and innovations (this includes updating the rights granted to the licensee and communicating to the licensor innovations developed by the licensee);

* Indemnities in case of breach of contract by one party.


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Posted: 24 February 2010

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