THE INFLUENCE OF THE CONCEPT OF OPEN INNOVATION ON THE LEGISLATION IN THE FIELD OF INNOVATIVE ACTIVITY AND INTELLECTUAL PROPERTY OF UKRAINE

The paper offers a comprehensive look at the dialectics of Open Innovation and legal problems of proper protection of intellectual property rights, since only theoretical and methodological aspects received fragmented attention in the research literature. The author examines in detail the content of the «Open Innovation 2.0» concept. Thus, the use of Open Innovation can take various forms, from internal and external licensing of intellectual property rights, spin-off and spin-out models, co-development, research joint ventures to crowdsourcing of Open Innovation, which is characteristic of the Open Innovation process «outside-in». The main connection between these forms is that Open Innovation involves the exchange of objects of intellectual property rights between different subjects of innovation activity for the purpose of joint creation and commercialization of objects of intellectual property rights. The author came to the conclusion that it is necessary to distinguish Open Innovations from Open-source software, which is not associated with restrictions on further modification, but with the preservation of information about the original authorship and the changes made. The role of the concept of Open Innovation in promoting the development of the Patenting Institute, which determines, in particular, its function as a catalyst for technological cooperation under the terms of license agreements, is considered. The author identified the need for a thorough analysis of theoretical and practical problems regarding the prerequisites for the development of Open Innovation in Ukraine, the peculiarities of the implementation of the legal basis of the concept of Open Innovation in Ukrainian legislation in the field of innovation activity and Intellectual Property, mechanisms of co-creation of subjects of innovation activity with a vector for the integration of internal and external technological knowledge precisely from the standpoint of Intellectual Property Law.