In this paper, we investigate the spectral e ciency gain of an uplink Cognitive Radio (CR) Multi-Input Multi-Output (MIMO) system in which the Secondary/unlicensed User (SU) is allowed to share the spectrum with the Primary/licensed User (PU) using a specific precoding scheme to communicate with a common receiver. The proposed scheme exploits at the same time the free eigenmodes of the primary channel after a space

alignment procedure and the interference threshold tolerated by the PU. In our work, we study the maximum achievable rate of the CR node after deriving an optimal power allocation with respect to an outage interference and an average power constraints. We, then, study a protection protocol that considers a fixed interference threshold. Applied to Rayleigh fading channels, we show, through numerical results, that our proposed scheme enhances considerably the cognitive achievable rate. For instance, in case of a perfect detection of the PU signal, after applying

Successive Interference Cancellation (SIC), the CR rate remains non-zero for high Signal to Noise Ratio (SNR) which is usually impossible when we only use space alignment technique. In addition, we show that the rate gain is proportional to the allowed interference threshold by providing a fixed rate even in the high SNR range.