Defining directions for improving regulation of private law forms of technology transfer in the European Union
DOI:
https://doi.org/10.15587/1729-4061.2024.305366Keywords:
legal regulation of technologies, forms of technology transfer, unification of forms of transfer, financing of innovationsAbstract
The object of this study is the existing regulatory approaches to the definition of private law forms of technology transfer in the law of the European Union, international treaties, and agreements.
In the course of research and generalization of existing concepts, it was established that they are not unified and differ significantly. It has been proven that this does not meet the needs of technology transfer participants and destabilizes the technology transfer process. The expediency of improving the existing concept of defining private law forms of technology transfer by unifying them has been substantiated. Recommendations on the list of the main forms of technology transfer have been formed based on a systematic analysis of regulatory legal acts that determine the content of technology. A classification of the main private law forms of technology transfer has been proposed. Three main groups of private law forms of technology transfer were distinguished. The expediency of assigning each private law form of transfer to a certain group was substantiated. Directions for improving the current regulation of private law forms of technology transfer have been formed, by summarizing and supplementing them. The need to make changes to the provisions of such international treaties and agreements as the World Trade Organization Agreements, the Recommendations of the World Organization for the Protection of Intellectual Property, the Oslo Guidelines, the UNCTAD Recommendations, and the framework program "Horizon Europe" has been proven.
The research was aimed at the formation of general theoretical foundations for the improvement of regulatory methods of identification of private law forms of technology transfer. The research results can be used in the formation of international normative acts, recommendations of international institutions, acts of national legislation and serve as a basis for further scientific research on these issues
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