Oficina española de Patentes y Marcas

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Can industrial property rights or their use be transferred or passed on?

Yes. Industrial property rights can be passed on, given in guarantee or be the subject of real rights, regardless of whether ownership of the company has been wholly or partially transferred. For such actions with third parties to take effect in good faith, they must be registered with the SPTO.

The main encumbrances include:

- licences: the holder of the right allows its use or exploitation by others but retains “ownership”.

- transfers: the holder of the right transfers ownership to third parties.

- chattel mortgages: the holder of the right grants it in guarantee of a payment.

- usufruct: the holder grants the right of use to a third party, which can involve the exploitation or use of the property, or the income obtained from the licence fees paid to third parties.

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