Organizational forms of technology transfer in the innovative process

Abstract

Problem setting. There are many theoretical and applied developments in the world on the optimal mechanisms for technology transfer and commercialization of innovations. All of them are relevant and deserve attention in a particular case. All of them include such elements as the developer and customer of the technology, the innovative product, the system of relations between the parties to the technological agreement, government regulation. Accordingly, choosing the method of commercialization or form of technology transfer has various economic and legal consequences. Target of research. The purpose of this article is to study the analysis of systematization of types and organizational forms of technology transfer technology transfer. Аnalysis of recent researches and publications. The issues of classification of types, forms of technology transfer and features of technology transfer agreements have been revealed in the research of many scientists. V. N. Shcheblikin and A. C. Ershov argued that the forms of technology transfer should include, in particular, vertical and horizontal. But most scientists consider them as types of technology transfer, such as O. O. Plakhotnik and V. Ya. Shoemaker. The latter in his article identified that the forms and types of technology transfer should be separated by providing a meaningful classification of species. He noted only the main points regarding the forms of technology transfer. Problematic issues of contractual aspects of technology transfer were revealed in the study of B. M. Paduchak on the classification of agreements in the field of technology transfer and significant issues of these agreements, V. M. Kryzhna, who drew attention to the terms of the agreement on the transfer of know-how, Yu. S. Panina, separated the franchise agreement from the agreement on the transfer of know-how. V. D. Mekheda noted the peculiarities of the engineering contract and Y. M. Kapitsa, who noted that an engineering contract can be concluded in the field of technology transfer. Article’s main body. Technology transfer can be considered in two main forms: as a process of technology transfer without concluding an agreement between the subjects of the innovation process (information transfer); as a process of technology transfer from one entity to another under the terms of a contract concluded between them at the legal level. If we interpret the term “form”, it is a type, structure, way of organizing something; the external manifestation of a phenomenon associated with its essence, content. Hence, the form of technology transfer should be interpreted, in particular, as a way of organization. Thus, vertical and horizontal; corporate, regional, national and transnational (international) technology transfer; commercial and non-commercial technology transfer are types of technology transfer. In our opinion, organizational or commercial forms of international and domestic transfer should be defined as: purchase and sale of licenses in circulation in the technology market (economic and legal basis of this is a patent as a security document, license agreement (or license); transfer of scientific development on the basis of franchising, transfer of scientific development on the basis of know-how agreement, transfer of scientific development on the basis of leasing, transfer of scientific development on the basis of engineering, transfer of property rights to technologies and their components in exchange of scientific and technical results. Conclusions and prospects for the development. In essence, according to certain categories, the following typesof technology transfer are distinguished, such as: depending on the type of technology transfer, there are vertical andhorizontal technology transfer; depending on the types of innovation policy there are: corporate, regional, national andtransnational (international) technology transfer; by means of technology transfer or by commercial nature or economiccontent, technology transfer is divided into commercial and non-commercial. Based on the fact that the organizational forms of technology transfer systematized by groups, we conclude that thefirst group of forms should include those based on agreements related to the process of technology transfer, ie the implementationof property rights to technology: purchase and sale of licenses in circulation in the technology market (licenseagreement (or license); transfer of scientific developments on the basis of franchising (franchising agreement); transferof scientific developments on the basis of know-how agreement (know-how agreement). The second group should include those forms that are based on contracts, the main purpose of which is not related tothe implementation of property rights to technology, namely: the transfer of scientific developments on the basis of leasing(leasing agreement); transfer of scientific developments on the basis of engineering (engineering contract); transferof property rights to technologies and their components in the exchange of scientific and technical results on the basis ofthe activities of joint ventures (agreement on joint activities) (simple partnership agreement).