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Intellectual Property and Innovation Protection by Rémi Lallement

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Introduction

“Therefore, we need to move beyond the simple idea of closure that excludes opening, the simple idea of opening that excludes closure […] like in the idea of frontiers, as a frontier is both what allows and prevents passage, what closes and what opens” (Edgar Morin, La Méthode – Tome 1: La nature de la Nature, Le Seuil, Paris, 1977).

Intellectual property has clearly become a key factor for innovation processes in the complex chain, starting with the creation of new ideas and ending with the launch on the market of the goods or services that may derive from them. It plays a primary role in the promotion or channeling of innovation in every decentralized market economy where public authorities are not necessarily in the best position to orient innovation efforts towards socio-economic needs. The legal framework and the relevant institutions play an increasingly significant role as a regulation instrument, supplementing the market mechanisms.

Moreover, evidence suggests that in recent times owning and using intellectual property is playing a more significant part in the strategies of innovative companies and, similarly, issues of intellectual property have come to the fore of the political agenda concerning innovation policies [WIP 11].

However, the crucial role of intellectual property is ambiguous and often very controversial. Intellectual property is not a simple indicator of innovation capacity. In this field, more does not necessarily mean better. The relevant ...

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