New Framework for Ownership, Transfer of Inventions by Public Institutions

The Spanish Parliament introduced the Sustainable Economy Act (Ley 2/2011 de Economía Sostenible) which amends several bodies of law with the aim of aiding Spain’s economic sustainability. The Act came into force on March 6, 2011 and contains significant modifications to the Spanish legal framework concerning R&D projects undertaken by public research institutions. The following is a summary of the legal implications of this new regulation, namely the impact on ownership and transfer of intellectual property rights involved in R&D projects.

The Act applies to the results of all R&D projects (including intellectual property rights) undertaken by an employee of ...