<img src="https://publish-01.obsidian.md/access/744ac39d33cabbc297b91373bfcac24d/bin/images/Spain_map.png" alt="Spain" class="page-header-sidebar-image"> Spain has provisions in its legislation relating to the granting of compulsory licences. These can be found in Arts. 91 to 101 of the new Patents Act. Pursuant to the nLP, compulsory licences may be applied for in a number of situations.  • Failure to exploit or insufficient exploitation of the patented invention (for more than four years after the filing of the patent application, or three years after the publication of the mention of grant, whichever expires later). Importation may be sufficient to avoid a compulsory licence for lack of working of the invention. What is required by the Spanish law is simply that the invention is put in practice (by the patentee or with his authorisation) in any member state of the WTO, in a sufficient amount so as to satisfy the demand of the Spanish market. The Supreme Court Judgment (Contentious-Administrative Chamber) of 6 February 2003, Appeal No. 2966/1997, for example (cited below) considered that a product that was being imported from Japan to Belgium and then shipped to Spain qualified as sufficient working of the invention for the purpose of this provision of the Spanish Patents Act; • Dependent patents (including dependency between patents and plant varieties); • Violations of competition law (in cases where the patent holder has been declared to violate competition law, competition authorities may impose that in order to restore competition a patent must be subject to compulsory licence; if such a requirement becomes final in the administrative or judicial channel, it shall be communicated to the Spanish Patent and Trademark Office, which shall initiate the compulsory licence procedure); • Reasons of public interest; • Compulsory licences issued according to EU Regulation 816/2006. More information can be found [here](https://e-courses.epo.org/wbts_int/CompulsoryLicensing/CL_ES.pdf). ## Generic manufacturers Spain has its own generic manufacturer: [FGL](https://www.generikaforeningen.se/).