Innovation is the distinctive characteristic of modern
economies and has been the common factor for sustainable economic
development since the industrial revolution.1 How
companies innovate, however, is changing.
Firms have traditionally approached innovation as a closed,
proprietary structure. Under this traditional approach, a firm
performs each stage of the research and development (R&D)
process on its own, under the direction and control of its central
management team.2 Firms create new knowledge through
their own research using the firm's existing knowledge
resources. Knowledge emanating from this R&D process is then
owned by the firm, since it created the knowledge.3 The
open innovation movement materialized as an alternative innovation
structure. With open innovation, firms seek external ideas to
combine with their own internal ideas. Open innovation accelerates
innovation by increasing firms' access to knowledge. Knowledge
is widely distributed throughout the world, with "most smart
people work[ing] for someone else."4
Open innovation is characterized by innovation contests,
cooperation and alliances between companies, and company
cooperation with individuals. None of these activities are
particularly new. However, the open innovation concept has been
very successful in popularizing the notion of technology transfer
and the need to share and exchange knowledge.5 It is
also interesting that the "new wave" of industrial
R&D is captured in the term "open
innovation."6 To accelerate innovation, modern
innovation models must increase individuals' and firms'
access to knowledge assets and allow more efficient to use of
knowledge resources.7 But, is it possible to conceive an
innovation system where all the actors (individuals, firms, or
universities) can cooperate to resolve problems, share knowledge
about the problems without risk, divide the contributions according
to their participation, and get a patent for any resulting
While open innovation discussions often focus on the increased
innovation output sharing ideas can generate, open innovation
remains a basic economic undertaking and is subject to fundamental
economic principles. One of those principles is: economic actors
will underinvest in the innovation process unless they believe they
will be properly rewarded. One of the primary tools for
incentivizing creators in a modern knowledge-based economy is the
receipt of intellectual property rights. However, this article
challenges the ability of traditional intellectual property
institutions to consistently provide fair returns for open
innovation contributors in the developing world. In particular,
this article questions current practices for measuring
contributions in an open innovation environment and explains why
collaborative contributors are likely to be undercompensated in an
open innovation system. This article proceeds as follows: Part I
explains the role incentives play in motivating actors to generate
innovations contrasting the vertical integration structure for
obtaining Patent Rights. Part II explores the possibility to assign
rights from open innovation projects under the traditional
intellectual property grant regimes. Part III analyses the
predictable imbalance in a co-creation project. Part IV concludes
with a proposal for a valuation model that could be used in the
open intellectual property system to better encourage global
1 KANWAR SUNIL and EVENSON ROBERT. 2001. Does
Intellectual Property Protection Spur Technology Change?. Yale
University. Economic Gowth Center. Center Discussion Paper No. 831.
2 LANGLOIS, RICHARD N. 007. The Dynamics of Industrial
Capitalism: Schumpeter, Chandler and New Economy. Graz Schumpeter
Lectures. 1-93: 7.
3 MERGES, ROBERT P. 1999. The Law and Economics of
Employee Inventions. Harvard Journal of Law & Technology 13:
4 CHESBROUGH, HENRY; VANHAVERBEKE, WIM; WEST, JOEL. 2014.
New frontiers in Open Innovation. Oxford Press. P. 16
5 Trott, Paul, and Dap Hartmann. 2009. Why "Open
Innovation" is Old Wine in New Bottles, INTERNATIONAL
JOURNAL OF INNOVATION MANAGEMENT 13(4): 719-736.
6 David C. Mowery. 2009. Plus ca change: Industrial
R&D in the "third industrial revolution". Industrial
and Corporate Change. Industrial and Corporate Change 18(1):
7 CHESBROUGH, HENRY; VANHAVERBEKE, WIM; WEST, JOEL. 2014.
New frontiers in Open Innovation. Oxford Press. P. 194
El 27 de diciembre de 2016, fue publicado en el Diario Oficial de la Federación un Acuerdo que modifica lineamientos para el uso del Portal de Pagos y Servicios Electrónicos (PASE) del Instituto Mexicano de la Propiedad Industrial (IMPI), en trámites de solicitudes de marca y aviso comercial.
Recently the Nice International Classification of Products and Services, a system used to categorize trademark applications, has been updated once again, with the entry into force of the 11th Edition on January 1, 2017.
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