Protecting Innovation in An Open Innovation Context: Multiple Challenges

Open innovation requires balancing the sharing of resources with the preservation of the individual interests of participating actors. This creates a tension between openness and appropriation, raising challenges regarding the protection of innovation. Various protection strategies can be mobilized (patents, copyrights, trademarks, trade secrets, etc.). The choice of strategy depends not only on the stage of the R&D process and the nature of the innovation, but also on the type of organization involved in the collaboration. SMEs, in particular, often lack the legal resources to protect themselves effectively. Specific tensions may arise between partners with significant asymmetries: for example, academic actors collaborating with profit-oriented firms, or large companies partnering with SMEs that lack the financial capacity to use formal protection tools such as patents. Organizations therefore adopt differentiated strategies whose effectiveness depends on their sector of activity, size, and regulatory framework.