When IPPMs reduce uncertainty

The Intellectual Property (IP) management in Open Innovation (OI) is one of the most interesting topic in the literature: several authors have highlighted that IP protection mechanisms IPPMs can be useful in order to cope with uncertainty regarding the control over critical know-how, the management of both the background and the foreground knowledge, the property rights and the rights to use innovations, as well as the resolution of possible legal disputes. Our purpose is to identify how IPPMs should be combined along the collaboration phases in order to reduce uncertainty and if IPPMs should be differentiated depending on the different types of partners. On the basis of two case studies in two Italian companies, it emerges the importance to regulate the IP management since the early stages of the collaboration through contractual tools such as Non-Disclosure Agreement, Memorandum of Understanding, Joint Development Agreement, and Rights to Use. Hence, differently from the literature, case studies suggest that the Right to Use and the agreements governing the joint development should be defined in the exploration phase, in order to produce immediate effects in terms of uncertainty reduction. Once in the development phase, each partner will mostly monitor the other partners’ respect of such agreements.