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Legal-institutional uncertainties in the radical innovation management

Grant number: 19/16147-7
Support type:Scholarships in Brazil - Post-Doctorate
Effective date (Start): September 01, 2019
Effective date (End): August 31, 2022
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Diogo Rosenthal Coutinho
Grantee:Maria Carolina Foss
Home Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
Associated research grant:15/26662-5 - Uncertainty management in innovation activities, AP.TEM

Abstract

The development of radical innovations involves uncertainties. Companies have developed organizational mechanisms to manage those uncertainties in the innovative process. Contracts are legal instruments that act as stabilizers of uncertainties. The goal of this research proposal is to identify and analyze how the contracts of research and development (R&D), technology and innovation executed by companies in Brazil deal with uncertainties in the decision-making to innovate. These decisions include investing, developing, hiring, terminating, buying, selling, licensing, assigning, and transferring rights). To achieve this goal, we will investigate the concept of uncertainty and how it affects contractual relations of R&D, technology and innovation. Also, we will analyze how contracts and other legal mechanisms can contribute to mitigating uncertainties and risks in decision making by organizations and individuals. The research questions that will guide this proposal are i) What are the uncertainties in contractual arrangements for the execution of R&D, technology and innovation between public, private and private entities? ii) How do the legal and institutional mechanisms react to the mapped uncertainties? and (iii) How can legal and institutional mechanisms help mitigate uncertainties in the innovation process? A descriptive and documentary analysis of secondary sources (contracts, rules, regulations, and other legal documents) will be taken. Interviews with contract managers in companies and public administration will be the primary source of this research. As a result, we expect to improve or create practices and procedures of companies and state entities to deal with uncertainties and, more broadly, to contribute to the planning and implementation of public innovation policies.

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