Open innovation e os direitos da propriedade intelectual: interseção ou dicotomia? A atuação dos instrumentos contratuais na promoção da inovação aberta

Abstract

This dissertation aims to analyze the underlying aspects regarding the emergence of a new paradigm in terms of innovation: open innovation. Given that the study demands conceptualization, it is important to notice that, currently, knowledge is diffused among various sources. Thus, the idea of a vertical and self-sufficient structure of research and development, inherent to the business models based on the previous paradigm (closed innovation) is being substituted by the believe that valuable ideas may come from inside and outside the company. Likewise, innovations resulting from the business activities may find their way to market from internal or external paths. This approach assigns great importance to knowledge exchange and collaborative perspective, and also highlights the advantage of a decrease on costs of research and development. Among the numerous elements of distinction between the two referred paradigms is the role played by intellectual property. Therefore, the aim of this dissertation is the investigation on how intellectual property works in an open innovation oriented logic, that is, if it prevents the knowledge flow between the several agents of technology market, or, instead, if the formal protection of intangible assets enables such exchange. Thereby, the present work seeks to demonstrate that firms involved with open innovation practices address the issue of intellectual property ownership as crucial to the development of their business with great use of formal contractual instruments. It shall be noticed that through a methodology consisting in content analysis all this investigation is conducted taking into account the enterprise as a dynamic concept inside the context of the market as a manifestation of a polyhedral phenomenon which, regarding intellectual property, shall be oriented towards innovation. Thus, the conclusion of the present research indicates that intellectual property rights are important assets when it comes to an open innovation landscape since it does not advocates intellectual property s extinction, but an easing regarding its profiteering.