Study of directions of unification of technology transfer in ukraine with the regulation of the European Union

Authors

  • Oleksandr Davydiuk PhD in Law, Associate professor, Senior Researcher of the Scientific and Research Institute of Providing Legal Framework for the Innovative Development of NАLS of Ukraine, advocate , кандидат юридичних наук, доцент, старший науковий співробітник Науково-дослідного інституту правового забезпечення інноваційного розвитку НАПрН України, адвокат https://orcid.org/0000-0002-6699-0903 (unauthenticated)

DOI:

https://doi.org/10.37772/2518-1718-2024-3(47)-2

Abstract

Problem setting. In modern economic conditions, the key to effective economic development of any country is the development of the production sphere of the national economy. At the same time, its level depends on the penetration of knowledge-intensive, advanced and breakthrough technologies. Most economically developed countries even implement integrated state policies aimed at stimulating and scaling technology transfer processes. Thanks to this, the number of those technologies that are implemented in the sphere of public production increases, and the share of highly competitive products increases significantly. The economic system of Ukraine is no exception to this rule. Thus, since 2006, Ukraine has had a special official document the Law of Ukraine “On State Regulation of Activities in the Field of Technology Transfer”. Its main task is to determine the requirements of how the state (in the form of authorized bodies) will contribute to the scaling process of technology transfer. The course announced by Ukraine for joining the European Union (hereinafter referred to as “the EU”) imposes on it special obligations regarding the unification of regulatory approaches to the identification of technology transfer with EU requirements. The specified situation determines, on the one hand, the relevance of scientific research on this topic, and places on scientists the task of forming relevant proposals. It is science that should shape them and determine effective directions, methods and forms of unification of the principles of functioning of Ukraine with EU requirements and thereby stabilize and intensify the transfer of technologies. Purpose of research is to develop methods and techniques for unifying the regulatory approach to defining the essence of technology transfer in Ukraine with the requirements of the European Union. This will make it possible to formulate recommendations for the Ukrainian public authorities when they implement managerial decisions within the framework of the State technology policy and form the basis for proposals for amending its national regulatory acts. To achieve this goal, it is necessary to solve the following interrelated tasks: (1) to analyze the state of regulatory support for technology transfer under EU law; (2) to study the state of regulatory support for technology transfer under Ukrainian law; (3) to formulate proposals on the main directions of unification of legal regulation of technology transfer under Ukrainian law with the requirements of EU law. Analysis of recent research and publications. An analysis of recent research and publications on the topic shows that many scholars have considered the general issues of state intervention in the national economy. The problem of the essence of technology transfer has been studied both at the level of independent economic systems and within international organizational entities. Article’s main body. The object of this research is a set of regulatory methods and techniques for determining the content and essence of such a category as technology transfer. Both the requirements of Ukraine and the regulatory approaches of the European Union are studied. The analysis and generalization of the existing world and international approaches to the identification of the essence of technology transfer established that they are not unified among themselves and differ significantly from each other. It has been proven that this does not meet the needs of technology transfer participants and does not meet the strategic goals of Ukraine’s development. The expediency of expanding the existing concept of determining the essence of technology transfer defined in Ukraine is substantiated. Recommendations on directions for the unification of regulatory approaches to the definition of technology transfer with the European Union have been formed. The need to amend the provisions of the Law of Ukraine “On State Regulation of Activities in the Field of Technology Transfer” in order to bring it into line with the requirements of the European Union has been proven. Conclusions and prospects for development. It was determined that the current legislation of Ukraine contains a narrower approach to determining the essence of technology transfer. Recommendations on the unification of the requirements of Ukraine with the requirements of the EU, on the issue of identification of technology transfer, have been formed. The expediency of expanding the forms of technology transfer is substantiated by supplementing them with the following: – Transfer of technology during the implementation of special interstate defense and industrial programs. – Transfer of technology within the framework of grant funding and cooperation. – Transfer of technology during the implementation of public procurement. – Transfer of technology as a contribution to the integral property complex (statutory or accumulated capital) of economic entities. – Transfer of technology during the creation of startups.

References

Labetubun, M. A. H., Akyuwen, R. J., & Pariela, M. V. G. (2018). Perlindungan pengetahuan tradisional secara sui generis untuk menyongsong masyarakat ekonomi ASEAN. SASI, 24(1), 1–10. Retrieved from: https://fhukum.un-patti.ac.id/jurnal/index.php?journal=sasi&page=article&op=view&path%5B%5D=113&path%5B%5D=pdf

Vasić, A. (2020). Legal treatment of grant-back clauses in licence agreements from the aspect of EU competition law. Zbornik Radova Pravnog Fakulteta u Nišu, 59(89), 399–413. https://doi.org/10.5937/zrpfn0-29303

Sepúlveda, C. I. & Ocampos, J. A. (2021). International Technology Transfer to Promote Access and Innovation in Times of Global Crisis. les Nouvelles — Journal of the Licensing Executives Society, 1. Retrieved from: https://ssrn.com/abstract=3771482

Labetubun, M. A. H., Akyuwen, R. J., & Narwadan, T. N. A. (2022). Legal implications of foreign investment relating to technology transfer in the patent regime. SASI, 28(1), 89–106. https://doi.org/10.47268/sasi.v28i1.829

Thalib, A. (2014). Technology transfer in Indonesia: Legal perspective. UUM Journal of Legal Studies, 5, 69–85. Retrieved from: https://e-journal.uum.edu.my/index.php/uumjls/article/view/4579

On state regulation of activities in the field of technology transfer. Law of Ukraine, No. 143-V (2006, September 14). Retrieved from: https://zakon.rada.gov.ua/laws/show/143-16#n398 [in Ukrainian]

World Trade Organization (WTO). (1994). TRIPS — Trade-related aspects of intellectual property rights. Retrieved from: https://www.wto.org/english/tratop_e/trips_e/trips_e.htm

International Trade Centre (ITC) & World Intellectual Property Organization (WIPO). (2005). Exchanging value - Negotiating technology licensing agreements: A training manual. Retrieved from: https://www.wipo.int/edocs/pubdocs/en/licensing/906/wipo_pub_906.pdf

United Nations Conference on Trade and Development (UNCTAD). (1988, August 5). Draft international code of conduct on the transfer of technology: Report and notes by experts on the outstanding issues. TD/CODE TOT/52. Retrieved from: https://digitallibrary.un.org/record/50095?ln=ru

Organisation for Economic Co-operation and Development (OECD). (2018). The measurement of scientific, technological and innovation activities: Oslo manual 2018. https://www.oecd-ilibrary.org/science-and-technology/oslo-manual-2018_9789264304604-en?itemId=/content/component/9789264304604-5-en&_csp_=967ec84ec28355c72cb989df2ed4048e&itemIGO=oecd&itemContentType=chapter#section-d1e2088. https://doi.org/10.1787/24132764

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) № 1290/2013 and (EU) No 1291/2013 (Text with EEA relevance). Official Journal of the European Union. 12.5.2021. 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, 13 (122), Vol. 2, 85–91. doi: https://doi.org/10.15587/1729-4061.2023.276747

Davydiuk, O., Shvydka, T., Ostapenko, I., Yurovska, V., Bytiak, O., & Senyk, Y. (2023). Directions for improving the status of startups in the technology transfer system. Eastern-European Journal of Enterprise Technologies, 3(13), 111–120. https://doi.org/10.15587/1729-4061.2023.282762

Published

2025-05-19