Directions for improving the system of guarantees for participants in technology transfer

Authors

DOI:

https://doi.org/10.15587/1729-4061.2023.285968

Keywords:

guarantees for technology transfer participants, protection of technology rights, technology transfer

Abstract

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

Author Biographies

Oleksandr Davydiuk, Scientific and Research Institute of Providing Legal Framework for the Innovative Development of NALS of Ukraine

PhD, Associate Professor

Tetiana Shvydka, Yaroslav Mudryi National Law University

Doctor of Law, Associate Professor

Department of Business Law

Hanna Shovkoplias, Yaroslav Mudryi National Law University

PhD, Associate Professor

Department of Business Law

Yurii Senyk, West Ukrainian National University; PJSC "Ternopil Dairy Plant"

PhD, Senior Lecturer

Department of Entrepreneurship and Trade

Head of Laboratory

Physical and Chemical Laboratory

Maryna Toporkova, State Biotechnological University

PhD, Associate Professor

Department of State and Legal Disciplines and International Law

References

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Directions for improving the system of guarantees for participants in technology transfer

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Published

2023-08-31

How to Cite

Davydiuk, O., Shvydka, T., Shovkoplias, H., Senyk, Y., & Toporkova, M. (2023). Directions for improving the system of guarantees for participants in technology transfer. Eastern-European Journal of Enterprise Technologies, 4(13 (124), 16–25. https://doi.org/10.15587/1729-4061.2023.285968

Issue

Section

Transfer of technologies: industry, energy, nanotechnology