Directions for improving the system of guarantees for participants in technology transfer
Keywords:guarantees for technology transfer participants, protection of technology rights, technology transfer
The object of this study is to determine the essence, place, and role of the guarantees of technology transfer participants in the general system of innovative support measures and the formation of proposals for their improvement. General approaches to determining the essence of guarantees to participants in technology transfer as a special means of regulation were summarized. The experience of the World Trade Organization, the European Union, the Organization for International Cooperation and Development, and other countries has been analyzed regarding the methods and techniques by which these guarantees are provided. It has been established that the existing guarantee systems are not capable of fully meeting all the needs of technology transfer subjects. Guarantees to technology transfer participants were categorized in accordance with formalized criteria. The expediency of improving existing systems of guarantees to participants in the field of technology transfer has been substantiated, and the main directions of such improvement have been formed. A generalized definition of technology as a special object of relations regarding its transfer has been formed. It is proposed to unify the definition of technology at the international and national levels. The expediency of maintaining minimum guarantees of rights for technology developers regarding the amount of remuneration for the transfer of rights to technology and other essential conditions of its transfer was substantiated. Directions for improving the essential terms of technology transfer agreements were proposed.
The study is aimed at forming general theoretical foundations for improving the system of guarantees of participants in relations in the field of technology transfer. The generated research results can be used in the formation of international normative acts, acts of national legislation within the framework of regulation of these relations and serve as a basis for further scientific research on these issues
- Khomenko, I. I., Krauchanka, U. U. (2021). Organizing the Management of Creation, Protection of Objects of Intellectual Property Rights and Technology Transfer in Scientific Institutions. Business Inform, 8 (523), 40–47. doi: https://doi.org/10.32983/2222-4459-2021-8-40-47
- Araújo, E. F., Barbosa, C. M., Queiroga, E. dos S., Alves, F. F. (2010). Propriedade Intelectual: proteção e gestão estratégica do conhecimento. Revista Brasileira de Zootecnia, 39, 1–10. doi: https://doi.org/10.1590/s1516-35982010001300001
- Levy, H. V. (2012). Transferability and Commercialization of Patent Rights: Economic and Practical Perspectives. Journal of Entrepreneurship, Management and Innovation, 8 (2), 44–59. doi: https://doi.org/10.7341/2012823
- Gogic, M. (2012). Intellectual Property Licensing for the Purposes of the Technology Transfer Block Exemption Regulation (TTBER). Nordic Journal of Commercial Law, 1. doi: https://doi.org/10.5278/ojs.njcl.v0i1.2996
- Kolodynskyi, S., Drakokhrust, T., Bashynska, M. (2018). The innovative infrastructure of economic development in the framework of international digital transformation. Baltic Journal of Economic Studies, 4 (4), 166–172. doi: https://doi.org/10.30525/2256-0742/2018-4-4-166-172
- Syed, S. B., Dadwal, V., Rutter, P., Storr, J., Hightower, J. D., Gooden, R. et al. (2012). Developed-developing country partnerships: Benefits to developed countries? Globalization and Health, 8 (1). doi: https://doi.org/10.1186/1744-8603-8-17
- Zafar, H., Mehmood, K. K. (2019). Innovation as a mediator between Innovative Culture, Transformational Leadership, Knowledge Management, Learning Orientation, and Performance. JISR Management and Social Sciences & Economics, 17 (1), 149–164. doi: https://doi.org/10.31384/jisrmsse/2019.17.1.9
- What are intellectual property rights? The World Trade Organization (WTO). Available at: https://www.wto.org/english/tratop_e/trips_e/intel1_e.htm
- Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (Text with EEA relevance) (2021). Official Journal of the European Union. Available at: https://eur-lex.europa.eu/eli/reg/2021/695
- Davydiuk, O., Duiunova, T., Shovkoplias, H., Sivash, O., Hlushchenko, S., Lisohorova, K., Maryniv, I. (2023). Directions for improving the international legal regulation of the support program for the transfer of innovations and technologies “Horizon Europe.” Eastern-European Journal of Enterprise Technologies, 2 (13 (122)), 85–91. doi: https://doi.org/10.15587/1729-4061.2023.276747
- The Measurement of Scientific, Technological and Innovation Activities. doi: https://doi.org/10.1787/24132764
- Zakon Ukrainy «Pro derzhavne rehuliuvannia diyalnosti u sferi transferu tekhnolohiy» (Vidomosti Verkhovnoi Rady Ukrainy (VVR), 2006, No. 45, st. 434). Available at: https://zakon.rada.gov.ua/laws/show/143-16#Text
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