La disciplina della proprietà intellettuale nell’ambito degli appalti innovativi: i criteri guida per le amministrazioni pubbliche

Due to the growing importance of innovative procurement in European and national strategies, the contribute analyzes a little investigated profile, but one that could contribute to increasing the attractiveness of public demand: the regulation of the way in which intellectual property rights are assigned between the contracting administration and the company supplying a creative service or product. The analysis will show, through an illustration of the relevant legislation and the presentation of some examples of calls for tenders, the absence, in Italy, of a well-defined scenario, despite the EU’s most recent attempts to encourage the adoption of a certain approach by the legislature or, at least, by individual administrations. In the end, an unclear picture will emerge, in which questions multiply, to the detriment of a subject that, on the one hand, presupposes a high degree of technicality and, on the other, represents one of the means of promoting innovation.