Yarmoliuk A. Protection of intellectual property rights under the conditions of using the concept of Open Innovation.

The dissertation, for the first time, analyzes the concept and features of the concept of Open Innovation under the laws of Ukraine, taking into consideration experience and legislation of the EU and EU member states, the USA and Asian countries precisely from the point of view of Intellectual Property Law, and not from the point of view of economic research, which is common in scientific literature. Particular attention is paid to the study of the dynamics of innovation processes in Ukraine and other countries of the world. A thorough analysis of the state of development of Ukraine’s Innovation Ecosystem was conducted using the «Global Innovation Index 2022» and other authoritative ratings in this area. The specifics of innovative activity in the conditions of the development of the digital economy, based on knowledge, creativity and innovation, are formulated in detail. The latest trends inherent in the modern stage of the development of innovative activity, which today acquires mainly a cyclical and network character, have been identified. It has been proven that the development of «Industry 4.0» causes the transformation of the innovation process based on openness and the spread of cooperation with external technological partners. The author considered the prerequisites for the formation of the legal basis of the concept of Open Innovation, the main forms and legal instruments of carrying out innovative activities in the conditions of using the «Open Innovation 2.0» paradigm. Particular attention was paid to the analysis of the path of an innovative idea from its origin to its implementation, with a comparative analysis of the principles and legal mechanisms of Open and Closed Innovation. The legal principles of construction of Open and Closed Innovation Ecosystems according to such criteria as the nature of the interaction of the subjects of innovation activity, the features of the innovation environment, the duration of the Innovation Lifecycle, as well as the role of consumers of innovations in the innovation process. The dissertation examines the legal essence and proposes, for the first time, at the legislative level of Ukraine to establish own definition of the concept of Open Innovation from the point of view of Intellectual Property Law and defines the meaning of protection of intellectual property rights in the conditions of using this concept. The dissertation indicates the peculiarities of the implementation of innovative activities by the main subjects of the Open Innovation Environment, which contribute to the formation of Open Innovation Ecosystems. The main approaches to the interpretation of the concept of a Startup are identified and its legal regulation in Ukraine and other countries of the world is considered. The theoretical foundations are characterized and the legal essence of the concept of a Startup Ecosystem from the point of view of Intellectual Property Law is outlined. The author identified the main characteristics of innovative tech startups and carried out a comparative analysis of them with Small Innovative Enterprises. The dissertation presents the latest approaches to the Stages of Startup Development and examines the main problems and risks that arise for the developers of innovative tech startups in the field of intellectual property rights protection. The author proposed, for the first time, at the legislative level of Ukraine to establish own definitions of the concepts: innovative tech startup, Startup School and Startup Ecosystem.