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Transfers and licensing

 

Industrial designs are industrial property (IP) titles that you can license or assign.

 

By assignment, you transfer the ownership of your industrial design to third parties, by licensing, you allow other people to use or exploit it, but you remain the "owner".

 

An industrial design adds value to a product, making it more attractive and eye-catching to customers and can even become the main reason for buying the product.

 

These protected intangible assets mean that you can assign (sell) your IP title or, by granting a licence, you can obtain payment of a certain amount, so that the protected design can access other markets that would otherwise be unaffordable, even internationally. All these transaction must be registered at the Spanish Patent and Trademark Office (SPTO). Another added advantage is that you can benefit from a 50% reduction in the taxable base of income derived from the assignment of certain intangible assets, including industrial designs, provided that the income obtained does not exceed six times the cost of the intangible asset as established in article 23 of the Corporate Income Tax Act.

 

If you assign your design rights and the country of the original application does not match, or the company name is different, you will need to file a Certificate of Assignment of Priority Rights.

 

To carry out these transactions, you must register them at the SPTO and pay the corresponding fees.

 

Forms:

 

  • Application to register a transfer - 3300I

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  • Change of owner name request - 3302I

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  • Certificate of transfer - 3304I

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  • Certificate of licence/sub-licence - 3305I

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  • Licence/Sublicence document - 3306I

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  • Transfer document - 3307I

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  • Response to the suspension of transfers, changes of holder’s name and industrial design licences - 3310D

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We recommend electronic submission of applications.

 

Regulations:

  • Chapter I. Co-ownership

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  • Chapter II. Transfers, licences and encumbrances

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  • Chapter III. Application and procedure for the registration of amendments to rights

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  • Industrial Property and Company Law

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