Legal Issues

To promote business, to support entrepreneurs, to create technology based companies, one must take into account the existing administrative rules, in order to enable the participation of researchers and universities in this kind od activity.

• Universities Act, LOU (4/2007). Spanish low that provides the regulatory framework for technology-based companies to emerged from the university, facilitating the incorporation of professors to meet certain requirements. Among these, the "Artículo 83" is the responsible for the research and technological development contracts.
• Incompatibility of Personal of Public Administration Service Law (Law 53/1984). In Spain it is applicable to staff (researchers with civil servant status, contract staff and trainees) and provides limitations on the possibility of the exercise of private activities simultaneously with the exercise of public functions. This affects, in different ways, both the possibility of participating in the social capital or on the board of directors of the private company.
• Public Administration Contracting Law

Moreover, the transfer technology agreements are key, whether they are transfer of know-how or patents, to regulate the ownership of technology, exploitation rights, economic considerations, confidentiality clauses and, most important responsibilities in the capital and shareholding of each member of the company and institution involved.