Networks of Collaborative Contracts for Innovation (International Studies in the Theory of Private Law)

With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue ‘open innovation’. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to assess how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance for navigating the uncertainty of these relationships. International Studies in the Theory of Private Law: Volume 14 Contents Table of Cases Introduction I. Inter-firm Collaborative Innovation: The Practices, Contractual Models and Legal Challenges II. The Rise of Collaborative Contractual Networks for the Production of Innovation: Challenges and Opportunities III. What Role for the Law in Collaborative Contractual Networks? IV. The Plan of the Book 1. Contractual Networks to Innovate: The Search for a Legal Concept I. The Business Reality: Contractual Networks Versus the Traditional Legal Concepts II. Building a Concept of Contractual Networks Adapted to the Distinctive Character of Productive Networks III. Conclusion: The Working Concept of Contractual Networks for Innovation 2. The Internal Coordination of the Collaborative Contractual Network through Governance of Contract I. Re-Interpreting Contractual Networks' Internal Challenges for Innovation Practices II. Governance Mechanisms in Contractual Networks for Innovation III. Evidence from Collaborative Contractual Networks for Innovation in Brazil IV. Inter-firm Innovation in England V. Conclusion 3. Managing the Internal Coordination of the Network: The Role of the Legal Doctrine and the Duty of Loyalty to the Network I. The Legal Doctrine Regarding Contractual Networks: A Comparative Perspective II. Duties of the Members of the Network: The Proposal of a Duty of Loyalty or Sincere Cooperation towards the Network III. Conclusion: Finding a Duty of Loyalty to the Network/Collaborative Project under English and Brazilian Law 4. Legal Interpretation in Contracts to Innovate: Potential Matters of Dispute I. Duty to Share Information II. Duty of Non-Discrimination in the Collaborative Contractual Network III. Sharing of Profits IV. Termination: Potential Design and 'Fundamental Breach' V. Conclusions 5. Conclusion I. The Reverberations of Varieties of Capitalism on Inter-firm Innovation II. The Relevance of a Comparative Perspective III. The Role of Legal Studies: Institutional Imagination of Potential Forms of Contractual Collaboration Bibliography Index "With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will need to ensure that they pursue 'open innovation'. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. On the one hand, it examines empirical studies analysing how these agreements are structured in order to overcome the inherent uncertainty of innovative activity. On the other hand it develops the legal doctrine governing contracts to innovate, in particular the notion of duty of loyalty to the contractual network, providing suggestions on how to concretise it in different situations"-- Provided by publisher With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue 'open innovation'. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.