The role of contracts and intellectual property rights in open innovation

Our exploratory empirical study, based on interviews and a survey of firms, addresses a number of questions on the role of formal contracts and intellectual property rights (IPR) in the context of firm-to-firm open innovation (OI). We find that firms active in OI have a very strong preference for the governance of their OI relationships with other firms through formal contracts. Also, despite the open nature of OI, firms still see IPR as highly relevant to the protection of their innovative capabilities. We find the degree of openness of firms, their formal legal attitude, and the competitive dynamics of their product market environment to be related to the preference of OI firms for IPR. Furthermore, the strength of firms' internal R&D capabilities increases the positive relationship between openness and the preference for IPR.