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Prof. Bueso on Innovation Procurement and Innovation Adoption

Prof. Dr. Pedro-José Bueso Guillén, LL.M. Eur.
Prof. TU Derecho Mercantil Dpto. de Derecho de la Empresa
Universidad de Zaragoza



What is public procurement innovation?
It is a way to procure products and services which are not available in the market at the present time, but the public buyer’s strategy determines that it is going to procure in a next future to satisfy its own needs. The public buyer push the demand forward and ask companies to develop the required product or service participating in a R+D+i process. Companies are expected become more competitive after participating in such a process.

What are the best practises to apply innovation procurement?
The public buyer shall design a public procurement strategy and identify its future needs to be satisfied by innovative products and services; the public buyer shall communicate to the market such needs, establishing a dialogue by means i.e. of public market consultation; depending on the results of state-of-the art analysis and the market consultation, the accurate procedure shall be launched; functional specifications based on KPI are a key issue for a successful public procurement of innovation; risk management and IPRs management are an important part of the tender, and shall be faced by the public buyer taking into account its business model and the business model of the companies.

What are the main challenges to apply innovation procurement in public organizations and companies?
To be aware of the advantages of such a way to procure, to accept that it is a better way to procure, to change internal workflows, to improve competencies and skills of the staff to develop it.


How important are legal contracts for innovation?
They are important as to give involved parties the highest possible degree of legal certainty regarding the ownership and right to use to the results of their efforts and investments.

Which kind of legal contracts are required during the innovation process?
Background IPRs contracts (who is bringing what on board under which conditions of use for the project and later), Foreground IPRs contracts (what is going to happen with the results of the innovation process) and Sideground IPRs contracts (what does it happen to collateral results of the project). Depending on the provided IPRs and expected results protectable by means of IPRs, these contracts vary from a legal perspective and shall be custom-made.


What are your main lines of research and current projects?
IPRs management in public procurement of innovation, commercial distribution over the Internet, payment services and ICT.

How are you combining research with collaboration with companies?
I look for adding value to the companies as I transfer knowledge by doing research and think-tank tasks that they normally cannot do because of day-a-day business.

What are the research projects you would like to follow up in the future?
Projects linked to the lines of research described above.


Why did you become a professor?
Well, I discovered that I like to teach and to do research.

What is your main achievement you are proud of?
My students being better lawyers than me.

What are the books you would like to recommend?
Now I am reading “The Age of Surveillance Capitalism”, by Shoshana Zuboff.

You can find other legal for innovation articles, here.

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