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Informationen zum Autor Pablo Marcello Baquero is a Postdoctoral Research Fellow at HEC Paris. Vorwort This key book looks at how innovation and contract law interact, and suggests solutions to complex but essential questions surrounding contracts to innovate. Zusammenfassung 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. Inhaltsverzeichnis Introduction I. Inter-firm Collaborative Innovation: The Practices, Contractual Models and Legal Challenges A. Inter-firm Collaboration in the Global Productive Vanguards: Challenges for Legal Studies B. Models of Inter-firm Cooperation: Modular, Relational and Co-creation C. Rethinking Contracting Practices and Private Law for Collaborative Co-creation D. Experimentalism in Contractual Practices II. The Rise of Collaborative Contractual Networks for the Production of Innovation: Challenges and Opportunities A. The Social Problem: De-verticalisation of Productive Activities in the New Economy B. Economic Importance: Overcoming the Stagnation of Productivity Growth and Bridging the Gap between Developed and Developing Economies III. What Role for the Law in Collaborative Contractual Networks? A. The Context: The Challenges for Contractual Networks in an Economic and Sociological Perspective B. What Role for the Law? 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 A. The Phenomena of Contractual Networks: Neither Contract nor Corporation B. Between or ‘Beyond’ Contract and Corporation: Other Possible Legal Classifications II. Building a Concept of Contractual Networks Adapted to the Distinctive Character of Productive Networks A. Main Features of Productive Networks: Designing a Concept of Contractual Networks B. Legal Constructs Proposed to Govern Contractual Networks: Considering the Reality 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 A. Limitations of Traditional Contract Design B. The Governance of Inter-fi rm Innovation III. Evidence from Collaborative Contractual Networks for Innovation in Brazil A. Background to the Empirical Field and Methodology B. First Stage of Interviews C. Second Stage of Interviews IV. Inter-firm Innovation in England A. Evidence from Legal Studies B. Collaborative Arrangements in Construction in the UK: Standard Agreements and Megaprojects 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 A. US Braiding Theory – ‘Low-powered Enforcement’ and Critique B. European Private Law C. Brazilian Law D. The Possibility of Low-Powered Enforcement under English and Brazilian Law E. The Legal...
