Innovation: Dialectics of Development

Анотація

<strong>Problem statement.</strong> The term "innovation" is currently used in almost all life spheres. However, there is both a lack of a common standard definition of this concept and unity in doctrinal approaches to the correlation of such concepts as "innovation", "novation", "novelty". <strong>The purpose </strong>of the work is to study the development of the category of "innovation" and to analyze theoretical points of view of scholars regarding its correlation with the related concepts of "novation" and "novelty". In this regard, the author has used the following research <strong>methods</strong> historical and legal, dialectical method – in the process of studying the emergence and spread of the category of "innovation" and other concepts that replaced it at certain historical stages; formal and logical method allowed us to analyze the main scientific and theoretical approaches to defining the concepts of "innovation", "novelty", "novation", their content and specific features; comparative and legal method provided an opportunity to compare existing scientific points of view on the essence of innovation; the formal and logical method was used to substantiate the conclusions. <strong>Results.</strong> The introduction of the term "innovation" in economic literature to denote significant changes in the economy took place in the 30s of the last century and is related to the name of Austrian scholar Joseph Schumpeter, when that term was used in other areas (in the sense of novelty, new in linguistics and jurisprudence, the introduction of elements of one culture into another one) in the past. The concept of "innovation" was almost not used in the legal science of the Ukrainian SSR (like in the USSR) until the late 80s of the last century, and the category of "new technology" (new solutions in technology and manufacturing process management) could be considered the closest to it in its content. The content of the latter was not clearly defined in the legislation and that gave rise to discussions among scholars about the use of new technology of inventions and other scientific and technological advances in the object. When the term "new technology" was replaced by the term "innovation", which was used both at the level of legislation and at the level of scientific papers, those discussions continued and gave rise to new ones. In particular, some authors use the terms of "innovation", "novation" and "novelty" as synonyms, others identify innovation with novelty (considering the latter as an implemented novation), but distinguish it from novation (potential/possible innovation) – such a new solution, which has not been implemented yet. <strong>Conclusions</strong>. The lack of a single common definition of the concept of innovation can be explained by the fact that it is almost impossible to comply with those main requirements at the doctrinal level that the terminology used in the laws (unity of terms and their stability) must meet. Although the Ukrainian novelty is the synonym to the concept of innovations, we believe that they are unequal, so we offer to denote innovation only by those novelties that are based on the object of intellectual property rights. Thus, the novelty is a generic concept that is divided into a simple novelty as an implemented novation (idea), and an efficient novelty, that is innovation.

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