Oficina Española de Patentes y Marcas

Contract Templates

Within the system for protecting the results of all R&D&i processes using Patents or Utility Models, Technology Transfer plays a very important role.

Technology Transfer is usually aimed at obtaining a commercial return on the knowledge and results of the R&D&i, establishing contractual relationships that take into account the special characteristics of the knowledge transfer because, once said knowledge is transferred, it is very difficult to go back.

This means that the transmitter of the information or knowledge needs to take every precaution to prevent complicated situations from arising in the future and, consequently, contracts that regulate Technology Transfer need to be drawn up very carefully to take into account all possible legal and economic consequences.

In this context and given the fact that universities, public research bodies and small and medium enterprises in Spain need this type of contract template, a working group has been created, which is coordinated by the Spanish Patent and Trademark Office and responsible for developing templates for different types of contracts

This working group is made up of representatives from the Higher Council for Scientific Research (CSIC), LES Spain and Portugal (LES), the Ministry of Economy, Industry and Competitiveness, the Spanish Patent and Trademark Office (SPTO) and the World Intellectual Property Organisation (WIPO).

The first templates to be completed are the “Confidentiality Agreement" and the "Agreement to Transfer Material", with their corresponding usage guides and with versions in Spanish and English. Others will follow shortly that will aim to cover all aspects of Technology Transfer.

The institutions that have helped to produce these templates are in no way liable for any use made of them. It is recommended that anyone wishing to use these contract templates also seeks specialist legal advice with regard to the definitive wording or adaptation of the contract.

Agreement	Usage guide	Spanish version	English version
Confidentiality	Download (v.23.09.2016)	Download (v.23.09.2016)	Download (v.23.09.2016)
Transferring Material	Download (v.23.09.2016)	Download (v.23.09.2016)	Download (v.23.09.2016)
License (Public-Company Entity)	Download (v.24.09.2017)	Download (v.23.09.2016)	Download (v.23.09.2016)
License (Company-Company)	Download (v.24.09.2017)	Download (v.28.12.2016)	Download (v.23.09.2016)
Research and Development	Download (v.19.04.2018)	Download (v.19.04.2018)	Download (v.19.04.2018)