Discusses the legal requirements/options for joint venture/licensing in this market.
Last Published: 6/20/2019

License contracts in Spain may include industrial property rights (patents, utility models, and trademarks), intellectual property rights (rights of use for literary, scientific, artistic works, or software), know-how, or other uses of technology. The Spanish system allows for flexibility when negotiating the terms and conditions of the agreement. Common clauses include:

  • Exclusivity clauses, including exclusive purchase obligations.
  • Measures to limit a licensor's commercial activity.
  • Confidentiality and non-compete 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.
  • Restitutions, in case of breach of contract.

U.S. companies can also enter the Spanish market through joint ventures.

Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.