Whether you’re a content creator, software developer, or company, licensing your intellectual property (IP) allows others to use your work while generating revenue — without giving up ownership.
This guide explains the legal framework for licensing IP in Spain, including the types of licenses, essential contract terms, and how to enforce your rights.
🧾 What Is an IP License?
An IP license is a contract where the IP owner (licensor) gives another party (licensee) permission to use a protected work — under certain conditions.
You can license:
-
Trademarks (brand names, logos)
-
Copyrighted works (books, music, software)
-
Patents and designs
-
Trade secrets (under strict confidentiality)
⚖️ Legal Framework
-
Spanish Civil Code
-
Intellectual Property Law (Ley de Propiedad Intelectual)
-
Patent, Trademark, and Design Laws
-
EU IP licensing rules
-
WIPO model agreements (for international deals)
📄 Types of IP Licenses
| Type | Description |
|---|---|
| Exclusive License | Only the licensee can use the IP; even the owner cannot |
| Non-exclusive | Multiple licensees may use the same IP |
| Sublicensable | The licensee can grant rights to others |
| Territorial | Use limited to a country or region |
| Time-limited | Valid for a specific period |
Always specify these elements clearly in writing to avoid disputes.
🧠 Key Clauses to Include
-
Parties & definitions
-
Scope of the license – what is licensed, how it can be used
-
Exclusivity & territory
-
Term & renewal
-
Royalty structure or fixed payments
-
Quality control (for trademarks)
-
Sublicensing rules
-
Termination and breach
-
Jurisdiction and governing law
-
Dispute resolution (e.g., arbitration or Spanish courts)
💶 Payment Structures
Common models include:
-
Flat fee
-
Recurring royalties (% of revenue or units sold)
-
Minimum guarantees
-
Milestone-based payments
Spanish tax law requires VAT and withholding tax to be considered in international licenses.
🚫 Risks of Not Licensing Properly
-
Loss of control over brand use
-
Unauthorized sublicensing
-
Disputes over ownership
-
Loss of IP protection (for trademarks or trade secrets)
🧾 Must IP Licenses Be Registered?
-
Trademark and patent licenses should be registered with OEPM to be enforceable against third parties
-
Copyright licenses do not require registration but should still be in writing
-
International licenses may need local recognition for enforcement
🤝 How Borderless Lawyers Can Help
We help creators and businesses:
-
Draft and negotiate IP license agreements
-
Structure royalty and payment terms
-
Register licenses with OEPM or WIPO
-
Resolve licensing disputes or violations
📞 Ready to monetize your intellectual property? Let us help you license it the right way in Spain and globally.