Key data
| Regulation | Resolution of October 27, 2026, from the Presidency of the State Agency CSIC, M.P., by which the Agreement with the University of the Basque Country/Euskal Herriko Unibertsitatea is published for the establishment of the operating conditions of the Materials Physics Center |
|---|---|
| BOE Publication | November 9, 2026 |
| Entry into force | October 22, 2026 |
| BOE Reference | BOE-A-2026-23512 |
| Direct stakeholders | Researchers, personnel and managers of the Materials Physics Center (CFM), mixed institute CSIC-UPV/EHU |
| Category | Education / Scientific research |
| Reference legal framework | Law 40/2015 on Legal Regime of the Public Sector; Science Law 14/2011 |
| CFM Ownership | Shared between CSIC and UPV/EHU since 1999 |
The Materials Physics Center (CFM) operates as a mixed institute with shared ownership between the CSIC and UPV/EHU since 1999. After more than two decades of activity, the agreement regulating its operation is renewed and adapted to the current regulatory framework through the Resolution of October 27, 2026 (BOE-A-2026-23512), published on November 9, 2026 and in force since October 22, 2026.
This type of inter-administrative agreement is not merely a bureaucratic formality: it determines who is in charge of the center, how personnel are hired, who owns the patents and how budgets are distributed. For researchers, managers and executives of both institutions, understanding the changes is essential to operate with legal certainty.
What does this regulation establish?
The agreement comprehensively updates the operating conditions of the CFM. The regulated blocks are as follows:
| Regulated block | Main content |
|---|---|
| Governing bodies | The composition and functions of the CFM's governing bodies are updated, adapting them to Law 40/2015 on Legal Regime of the Public Sector |
| Personnel regime | The conditions applicable to personnel assigned to the center are established, with shared ownership between CSIC and UPV/EHU |
| Facilities and equipment | The management and shared use of CFM's scientific facilities and equipment is regulated |
| Research planning and dissemination | The mechanisms for planning scientific activity and the criteria for its public dissemination are established |
| Intellectual and industrial property | The ownership of research results (patents, publications, software) and their transfer to the productive sector is regulated |
| Economic-budgetary regime | The framework for joint economic management between CSIC and UPV/EHU for the CFM is established |
| Causes of extinction | The conditions under which the mixed institute may be dissolved or terminated are defined |
The agreement adapts this entire structure to two key regulations: the Law 40/2015 on Legal Regime of the Public Sector, which regulates how public administrations should organize and relate to each other, and the Science Law 14/2011, which establishes the framework for mixed research centers in Spain.
Economic and operational impact
The agreement does not set specific economic amounts in the published text, but its operational impact is significant in several areas:
- Joint economic-budgetary regime: The formalization of the shared budgetary framework between CSIC and UPV/EHU provides certainty about how CFM activities are financed, who contributes what resources and how accounts are rendered.
- Intellectual and industrial property: The explicit regulation of patent ownership, research results and their transfer to the productive sector has direct impact on the center's potential income and researchers' rights.
- Personnel management: Clarification of the personnel regime avoids conflicts of competence between the two owning institutions, reducing the risk of labor or administrative litigation.
- Legal stability: Adaptation to Law 40/2015 and Science Law 14/2011 eliminates possible legal gaps in the previous agreement, which dated from 1999 and did not contemplate the current regulatory framework.
Who does it affect?
- CFM researchers: Both those assigned to CSIC and those linked to UPV/EHU. The agreement regulates their employment regime and rights over research results.
- CFM management and administration personnel: Affected by changes in the personnel regime and the center's governance structure.
- CFM management bodies: The update of governing bodies implies possible changes in composition, competencies and decision-making procedures.
- Legal and technology transfer services of CSIC and UPV/EHU: Must know the new intellectual and industrial property regime to correctly manage patents, licenses and transfer contracts.
- Companies and entities collaborating with the CFM: Agreements for transfer of research results are now regulated under the new framework of the agreement.
Practical example
A CFM researcher develops, together with their team, a new material with industrial applications susceptible to being patented. Under the previous agreement (signed in 1999 and not adapted to Science Law 14/2011), the ownership of that patent could generate uncertainty: is it CSIC's, UPV/EHU's, or both equally?
With the new agreement, the regime of intellectual and industrial property is explicitly regulated, including mechanisms for transfer to the productive sector. This means that the researcher, the center and the two owning institutions know from the outset who holds the rights, how licensing income is distributed and what procedure to follow to commercialize the result. This eliminates a common source of conflicts in Spanish mixed research centers.
What should organizations do now?
- Review CFM governing bodies: Verify that the composition and procedures of the governing bodies comply with what is established in the new agreement and Law 40/2015.
- Update personnel contracts and assignments: CSIC and UPV/EHU HR services must verify that the CFM personnel regime is consistent with the new agreed framework.
- Review existing intellectual and industrial property agreements: Technology transfer services of both institutions must audit existing license contracts, patents and exploitation agreements to ensure their compatibility with the new regime.
- Adapt the economic-budgetary regime: CFM economic managers must review joint planning and accountability procedures in light of the new agreement.
- Communicate changes internally: Inform CFM researchers and personnel about changes in governance, rights over results and operational procedures, to avoid actions contrary to the new framework.
Frequently asked questions
When does the new CFM agreement between CSIC and UPV/EHU come into force?
The agreement came into force on October 22, 2026, although it was published in the BOE on November 9, 2026 (reference BOE-A-2026-23512). The entry into force date is prior to publication, which is common in inter-administrative agreements that are formalized before their official publication.
What laws does this new Materials Physics Center agreement adapt?
The agreement adapts the structure and operation of the CFM to two key regulations: the Law 40/2015 on Legal Regime of the Public Sector, which regulates relations between administrations, and the Science Law 14/2011, the specific framework for mixed research centers in Spain. The previous agreement dated from 1999 and did not contemplate these regulations.
Who owns the patents and research results of the CFM?
The new agreement explicitly regulates the regime of intellectual and industrial property of results generated in the CFM, including mechanisms for transfer to the productive sector. Ownership is shared between CSIC and UPV/EHU, with specific conditions set in the agreement itself. To know the exact details of the distribution, the full text in the BOE (BOE-A-2026-23512) must be consulted.
What happens if the CFM does not adapt its governing bodies to the new agreement?
Non-compliance with the agreement's conditions may activate the causes of extinction of the institute provided for in the agreement itself, in addition to generating legal uncertainty in decisions adopted by bodies not in compliance with the new framework. Law 40/2015 establishes specific consequences for inter-administrative agreements that are not executed in accordance with their terms.
Does this agreement affect companies collaborating with the CFM on R&D projects?
Yes. Companies and entities that have or subscribe to collaboration or transfer of results agreements with the CFM are affected by the new regime of intellectual and industrial property and transfer established in the agreement. It is recommended that the legal services of such companies review their existing contracts to ensure their compatibility with the new framework.
Official source
Consult complete regulation in official source (BOE-A-2026-23512)
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-23512
