Directions for improving the system of guarantees for participants in 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

Identifying directions for improving means of technology transfer safety regulation

“…The effectiveness of any restrictions based on prohibitions directly depends on the regulatory document in which they are specified. It is appropriate to agree with the conclusion that technology safety should be identified at two main levels of regulatory acts [9]. Namely, at the level of major international agreements that determine the status and conditions of technology transfer, as well as at the level of acts of national legislation of individual countries.…”

“…Transfer is inextricably linked to the process of moving technology in space and subject-wise. In any case, these are active actions regarding the transfer of the rights of the developer of the idea for its use to another entity [9]. Technology transfer has a commercial purpose.…”

“…The existing model of environmental protection is focused exclusively on one form of existence of technology. This form is its material embodiment in the form of equipment, machines, and mechanisms [9]. All other forms of implementation of technologies do not fall under any of the existing safety restrictions, which allows one to ignore their potential impact on the environment.…”

“…In addition, the use of a regulatory construction of determining the safety of technologies, which is based on prohibitions, creates prerequisites for fixing such a level of restrictions, which will be based on taking into account both the private interests of business and the public interests of society. Consideration of private business interests and public interests of the state must be taken into account when identifying the safety of technologies [2,4,9]. And their neglect is guaranteed to lead to negative economic consequences for entire sectors of the economy [3].…”