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BOE-A-2026-16664 ·31 July 2026 ·orden not-relevant
Administrative

Carlos III Foundation researchers: right to share in at least one third of exploitation profits

This Order establishes the rules and criteria for calculating exploitation profits within the Carlos III National Cancer Research Centre Foundation, F.S.P. The regulation develops the right of research and technical staff to share in profits obtained by the entity through the exploitation of R&D&i results (Art. 35 Law 14/2011). It is integrated into the framework of the Science Law and the Patent Law to ensure economic compensation for inventions or intellectual creations.

In 2 key points

  1. Minimum participation of 33% (one third) of profits for research and technical staff who have participated as author or co-author (Art. 35 Law 14/2011) (art. 35 Ley 14/2011)
  2. Profit sharing shall under no circumstances be considered remuneration or salary (Art. 14.1.i and 28.2.g Law 14/2011) (art. 14.1.i y 28.2.g Ley 14/2011)

How it affects those involved

For the research and technical staff of the Carlos III Foundation, a legal right is guaranteed to participate in the profits from the exploitation of their research results, amounting to at least one third of such profits (Art. 35 Law 14/2011). This participation shall not be considered salary or remuneration. For the Foundation, the regulation imposes the obligation to apply specific calculation criteria for these economic compensations.

Lifecycle

2026-07-31PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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