New century calls for new innovation system. Instead of individualistic closed innovation we require participative open innovation or collective creation. Closed innovation system is not adequate to solve the societal issues. However openness of open knowledge doesn't necessarily mean free access or free ride of technologies rather it aims at non-discriminatory access of technologies that may be used by IP licensing. Unlike open knowledge open innovation demands three types of open innovations like- Out side-in, Inside-out and joint innovation. Almost all big organizations like IBM, Microsoft, Philips have embraced open innovation to make better , improvised and innovative product to solve various social problems.

1. Open Innovation Vs Open Knowledge
Emerging a New IPR Regime
Dr. Sabuj Kumar Chaudhuri, DLIS, University of Calcutta
Email>>> sabujkchaudhuri@gmail.com
Web>>> http://www.sabujkc.webs.com

2.  Creativity, Discovery, Invention &
Innovation
 Intellectual Property Rights (IPR)
 Open Knowledge
 Open Innovation
 Interplay of Open Innovation & IPR

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What is Creativity ?

5. • Myth #1: Only some people are creative
• Myth #2: Only certain kinds of ideas are
creative

6. Four Creative
Diversity Principles
• Creative Diversity Principle #1: All
people are creative.
• Creative Diversity Principle #2:
Creativity is diverse.
• Creative Diversity Principle #3:
Creative diversity is described by
four key variables:
1. Creative level
2. Creative style
3. Motive
4. Opportunity
• Creative Diversity Principle #4:
There is no ideal kind of creativity.

7. •Experiment
Fail
Learn
Create

11. Creation of New Idea (Invention)
Conceptualization of New Idea
(Decision to innovate) (many
stages)
Valley of Death
Commercialization of New Idea
(Innovation)
Diffusion in the Society

12. Primary Players in Global innovation
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India’s Position in GII, 2016 is 66th. It was 81st in 2015

15. What happens if you do not protect your
inventions?
• Somebody else might patent
them
• Competitors will take
advantage of your invention
• Possibilities to license, sell or
transfer technology will be
severely hindered
• Time, effort, labour will be
lost
• Funders will be discouraged
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16. • What is property?
• What is Intellectual property (IP)?
• What is Intellectual Property
Rights(IPR)?

17. Basic Understandings of Property
Property
Scientific
Legal
Economic

18. Types of Property

19. Rights of A Property Owner
• Right to own
• Right to exclusive use
• Right to disallow others
from its use
• Right to sell
• Right to transfer
• Right to donate
• Right to rent
• Right to lend
• Right to derive profit out
of it
• Property involves a
bundle of rights
• The entire bundle can be
held by one person or
divided among multiple
parties.
• Property rights confer
power.
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20. IPR Protects Your Inventions

21. Variants of IPR
IPR
Industrial Property
Patent
Industrial Design
Trademark
Geographical Indications (GI)
Utility Models
Undisclosed information, including trade secrets and test data
Artistic & Literary Property
Copyright
Sui generis System (“Latin Word means “of its own kind”)
Database
Integrated Circuit
Plant Breeders’ Right (PBR)

22. Each type of IP protection and what it protects
 Patents (utility/design) . . . protect . . . Inventions
 Trademarks . . . protect . . . Identifying Signs & Symbols
 Designs . . . protect . . . Ornamental Design of Product
 GIs . . . protect . . . Identifying place names with product
 Trade Secrets . . . protect . . . Confidential Information
 Copyrights . . . protect . . . Creative Expressions of Creators
 PBRs . . . protect . . . DUS plant variety
 IC layout designs . . . protect . . . Original design of IC
 Databases . . . protect . . . Uniqueness of database
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23. What is a Patent ?
A grant by a government
to an inventor or his assignee
conferring upon a right to exclude others
from making ,using, selling,offering for
sale and importing his invention
for a limited period of time
in lieu of the disclosure of the invention in a
patent specification.
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24. Nature of a patent
• Creation of human Intellect
• Patent is a negative right
• Intangible property
• Exclusive rights given by the Govt.
• Comes with limitations and exceptions
• Both product and process patents are allowed
• Time-bound (20 years)
• Territorial
There is no international Patent
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25. Rationale of Patent
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26. Claims
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27. Field of invention
Trespassers will be prosecuted
Alternative path
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28. Field of invention
Trespassers will be prosecuted
Alternative path
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Royalty,
Licensing,
and
Agreements
IDEA
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29. Field Of Invention: Patent Ecology
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30. Your Invention
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31. Function of A Specification: establish your invention in the existing patent ecology
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32. Criteria to get a Patent
Novelty
Inventive Step
Industrial
Application
Deposition of Microorganisms to an
IDA
Patent
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33. What is Open Knowledge ?
• ‘Open Knowledge’ Is Any
Content, Information Or Data
That People Are Free To Use, Re-
use And Redistribute — Without
Any Legal, Technological Or
Social Restriction.

34. The key features of openness are
Availability &
access:
Reuse and
redistribution
Universal
participation
• The “openness” in
relation to data and
content.
• It ensures quality and
encourages compatibility
between different pools
of open material.

35. Is It Really Open ?
Lawrence Lessig says a resource is open if
1. One can use it without anybody’s permission or,
2. Permission one needs granted neutrally or non-
discriminatory or condition of access is similar to
all
Thus Condition of Access is underlying the concept.
He proposed 2 levels of openness
1. Strong Openness ( in condition 1)
2. Weak Openness (in condition 2)

36. Contd...
• Thus a piece of knowledge is considered open if it is
accessible to without any permission (Strong
definition) or with non-discriminatory access (Weak
Definition)
• Thus access to an open piece of knowledge needs
not automatically be free of charge.
• Of course, as stated by Cohen and Walsh , "any
positive price for access to intellectual property
potentially restricts access".
• Yet, if the price is "reasonable" and non-
discriminatory, the piece of knowledge remains open
in a weak sense.

37. Open Knowledge & Open Innovation: a
contradiction
In Open Innovation
knowledge is controlled
by individual firms &
diffused only to partners
with tight confidentiality
agreements
Unlike open innovation,
most open-source
models of knowledge
production do fit our
definition of Openness

38. Basic Concepts of Open Innovation (OI)
• Open Innovation is in the sense that
innovation process is open and it is distributed
among heterogeneous actors that interact
through formal or informal alliances, patent
pools and in & out licensing etc.
• OI, sometimes also called crowdsourcing or
co-creation is about bringing external ideas or
input to an innovation process.
• Henry Chesbrough, founder and promoter of
the term OI

39. Contd...
Henry Chesbrough defined open innovation as follows:
• “Open innovation is a paradigm
that assumes that firms can and
should use external ideas as well as
internal ideas, and internal and
external paths to market, as the
firms look to advance their
technology”

40. Philosophy of Open Innovation
•open innovation is
embedded in the notion
that the sources of
knowledge for innovation
are widely distributed in
the economy

41. Open Innovation & Closed Innovation
• Research, in modem
economies innovation is
less and less undertaken
in-house, in a closed and
integrated way, but is
"open" in the sense that
many actors are involved
in the different steps of
the innovation process
OI
CI

42. Contd...
• Key aspects of Open
Innovation:
• Networking
• Collaboration
• Entrepreneurship
– IP management
• Global Vision
– Knowledge
• Access to finance
– Access to information
Open innovation does not
refer to free knowledge
or technology.
While “open source” refers
to royalty‐free
technologies, open
innovation refers to
collaborative networking,
and may still involve the
(significant) payment of
license fees for IP.

43. Creating a culture of collaboration
through IPR to drive open innovation

44. 3 Forms of Open Innovation

45. Few Examples of Open Innovation
Outside-In Inside-Out

46. OI & IPR : paradox or opportunities ?

48. Reference
• Chirag Tanna
Founder and
Owner, INK IDEE
Thane (W) 400602
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