Co-creation and the law

Many factors contribute to how co-creation practices are situated in particular socio-political contexts. One of these factors is the applicable legal framework. The law does not just either foster or hinder co-creation but allows, enables, complicates or prohibits specific elements of it. Here, we have identified the following three legal areas as particularly relevant. By klicking on one of these areas, you will be directed to our findings and recommendations for different stakeholders at the European and the national level.

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The primary objectives of public procurement law are to guarantee that the public sector, when acting as a purchaser on the market, spends public money efficiently and fairly. Open procurement procedures achieve these aims through transparency and rigidity.

With innovation generally, it is important to know who owns the intellectual property rights (IP) of the innovation. In co-creation processes, diverse and dynamic circles of people collaborate in makerspaces or innovation hubs at “smart campuses” and have diverse tasks and responsibilities. Here, the clear distribution of IP rights is particularly important.

In some cases, there are legal obstacles to testing innovations under realistic conditions. Temporarily removing such obstacles may be helpful not only for innovators to learn how the innovation performs, but also for policymakers to optimize future regulation.