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Christian Czychowski, Julian Waiblinger, Open Innovation: Legal Hurdles in the Creation of Contractual Arrangements Governing Idea Competitions?, 5 (2014) JIPITEC 23 para 1.
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%0 Journal Article %T Open Innovation: Legal Hurdles in the Creation of Contractual Arrangements Governing Idea Competitions? %A Czychowski, Christian %A Waiblinger, Julian %J JIPITEC %D 2014 %V 5 %N 1 %@ 2190-3387 %F czychowski2014 %X The phenomenon of Open Innovation has been gaining prominence over the last decade. Idea competitions have been used in a variety of industrial sectors. Nevertheless, the legal issues raised by this topic have not been broadly addressed, yet. These arise from the adverse interests of the actors. The company which organizes an idea competition would usually like to have the opportunity to comprehensively use the solutions, ideas or products submitted by the competition entrants. For the company it is important to obtain all intellectual property rights in the idea, in the product created as a result and, thus, in the rights to be exploited in the future, in particular, patents, utility models, trademarks, copyrights and registered designs as well as other industrial property rights. The participant would like to participate to the greatest extent possible in the success of the submitted solution. This affects, firstly, the question of fair remuneration or further participation in any profits earned as well as, secondly, any personal rights such as being named as inventor or author. The article aims to show the contractual difficulties which have to be addressed tailoring theterms of an idea competition under German law. %L 340 %K Employee Inventions %K General Terms and Conditions of Business %K Open Innovation %U http://nbn-resolving.de/urn:nbn:de:0009-29-39040 %P 23-31Download
Bibtex
@Article{czychowski2014,
author = "Czychowski, Christian
and Waiblinger, Julian",
title = "Open Innovation: Legal Hurdles in the Creation of Contractual Arrangements Governing Idea Competitions?",
journal = "JIPITEC",
year = "2014",
volume = "5",
number = "1",
pages = "23--31",
keywords = "Employee Inventions; General Terms and Conditions of Business; Open Innovation",
abstract = "The phenomenon of Open Innovation has been gaining prominence over the last decade. Idea competitions have been used in a variety of industrial sectors. Nevertheless, the legal issues raised by this topic have not been broadly addressed, yet. These arise from the adverse interests of the actors. The company which organizes an idea competition would usually like to have the opportunity to comprehensively use the solutions, ideas or products submitted by the competition entrants. For the company it is important to obtain all intellectual property rights in the idea, in the product created as a result and, thus, in the rights to be exploited in the future, in particular, patents, utility models, trademarks, copyrights and registered designs as well as other industrial property rights. The participant would like to participate to the greatest extent possible in the success of the submitted solution. This affects, firstly, the question of fair remuneration or further participation in any profits earned as well as, secondly, any personal rights such as being named as inventor or author. The article aims to show the contractual difficulties which have to be addressed tailoring theterms of an idea competition under German law.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-39040"
}
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TY - JOUR AU - Czychowski, Christian AU - Waiblinger, Julian PY - 2014 DA - 2014// TI - Open Innovation: Legal Hurdles in the Creation of Contractual Arrangements Governing Idea Competitions? JO - JIPITEC SP - 23 EP - 31 VL - 5 IS - 1 KW - Employee Inventions KW - General Terms and Conditions of Business KW - Open Innovation AB - The phenomenon of Open Innovation has been gaining prominence over the last decade. Idea competitions have been used in a variety of industrial sectors. Nevertheless, the legal issues raised by this topic have not been broadly addressed, yet. These arise from the adverse interests of the actors. The company which organizes an idea competition would usually like to have the opportunity to comprehensively use the solutions, ideas or products submitted by the competition entrants. For the company it is important to obtain all intellectual property rights in the idea, in the product created as a result and, thus, in the rights to be exploited in the future, in particular, patents, utility models, trademarks, copyrights and registered designs as well as other industrial property rights. The participant would like to participate to the greatest extent possible in the success of the submitted solution. This affects, firstly, the question of fair remuneration or further participation in any profits earned as well as, secondly, any personal rights such as being named as inventor or author. The article aims to show the contractual difficulties which have to be addressed tailoring theterms of an idea competition under German law. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-39040 ID - czychowski2014 ER -Download
Wordbib
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ISI
PT Journal AU Czychowski, C Waiblinger, J TI Open Innovation: Legal Hurdles in the Creation of Contractual Arrangements Governing Idea Competitions? SO JIPITEC PY 2014 BP 23 EP 31 VL 5 IS 1 DE Employee Inventions; General Terms and Conditions of Business; Open Innovation AB The phenomenon of Open Innovation has been gaining prominence over the last decade. Idea competitions have been used in a variety of industrial sectors. Nevertheless, the legal issues raised by this topic have not been broadly addressed, yet. These arise from the adverse interests of the actors. The company which organizes an idea competition would usually like to have the opportunity to comprehensively use the solutions, ideas or products submitted by the competition entrants. For the company it is important to obtain all intellectual property rights in the idea, in the product created as a result and, thus, in the rights to be exploited in the future, in particular, patents, utility models, trademarks, copyrights and registered designs as well as other industrial property rights. The participant would like to participate to the greatest extent possible in the success of the submitted solution. This affects, firstly, the question of fair remuneration or further participation in any profits earned as well as, secondly, any personal rights such as being named as inventor or author. The article aims to show the contractual difficulties which have to be addressed tailoring theterms of an idea competition under German law. ERDownload
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 5 (2014) 1 |
|---|---|
| Title |
Open Innovation: Legal Hurdles in the Creation of Contractual Arrangements Governing Idea Competitions? (eng) |
| Author | Christian Czychowski, Julian Waiblinger |
| Language | eng |
| Abstract | The phenomenon of Open Innovation has been gaining prominence over the last decade. Idea competitions have been used in a variety of industrial sectors. Nevertheless, the legal issues raised by this topic have not been broadly addressed, yet. These arise from the adverse interests of the actors. The company which organizes an idea competition would usually like to have the opportunity to comprehensively use the solutions, ideas or products submitted by the competition entrants. For the company it is important to obtain all intellectual property rights in the idea, in the product created as a result and, thus, in the rights to be exploited in the future, in particular, patents, utility models, trademarks, copyrights and registered designs as well as other industrial property rights. The participant would like to participate to the greatest extent possible in the success of the submitted solution. This affects, firstly, the question of fair remuneration or further participation in any profits earned as well as, secondly, any personal rights such as being named as inventor or author. The article aims to show the contractual difficulties which have to be addressed tailoring theterms of an idea competition under German law. |
| Subject | Employee Inventions, General Terms and Conditions of Business, Open Innovation |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-39040 |
