Studies on the economics of innovation and the evolution of legal systems highlight how the innovative enterprise is increasingly emerging as a distinct and autonomous organizational model compared to the "optimizing" enterprise traditionally considered by commercial law. Given its growing economic, social, and legal significance, the need for systematic reflection on the organizational, managerial, and financial characteristics of innovative enterprises emerges strongly.
In the essay published in the first 2025 issue of the Orizzonti del Diritto Commerciale magazine, Giappichelli, Prof. Avv. Paolo Cuomo explores the tensions between existing corporate law and the specific needs of innovative businesses, addressing crucial issues such as:
– the possibility of creating a true “corporate law of innovation”;
– the role of private autonomy in the structuring of innovative start-ups and SMEs;
– the worthy protection of the typical clauses of the venture capital in light of art. 2265 of the Civil Code;
– the protection and remuneration of the inventive contributions of collaborators (members and non-members);
– managing conflict between founders and investors in transfers of corporate control.
This contribution is intended as an opportunity for further study for anyone working, professionally or academically, in the fields of corporate law, innovation, intellectual property, and corporate structures.
The full text is available free of charge at the following link:
https://www.rivistaodc.eu/Article/Archive/index_html?ida=357&idn=39&idi=-1&idu=-1
