Problems of identification of the concept of technology transfer: economic and legal aspect

Abstract

Problem setting. The critical degree of technical lag of the production sector of the national economy of Ukraine, from the countries with developed economies is obvious today. The level of such a lag no longer indicates the loss of positions in the conditional rating of “leadership”, but threatens the possibility of the existence of the productive potential of the state and the economy. Such a large number of negative processes requires all state, social and economic institutions to combine their potential and efforts to create the most favorable organizational conditions for the active development of relations related to the creation, transfer of rights and implementation of technology.

Analysis of recent researches and publications in the work were investigated the works of scientists such as Yu. E. Atamanova, O. D. Svyatotsky, P.P. Krainev, S. F. Revutsky, S. Yu. Pogulyaev, N. V. Smirnova, K. Yu. Ivanova, O. V. Smooth, A. I. Denisov etc.

Article’s main body. From the above “legal” definition of technology transfer, it can be seen that its essence is reduced to a certain group (type) of contracts that mediate the transfer of property rights to technology or its components from one entity to another. This approach is “narrow” and does not meet the needs of economic entities that operate in their activities a much larger range of legal mechanisms for the transfer of rights to objects used in their economic activities. In addition, this position of the legislator does not reflect the essence of the concept of transfer, which was formed as a result of the evolutionary development of society and economic processes.

Conclusions and prospects for development. (1) The definition of technology transfer proposed by the legislator is too narrow, does not cover the whole system of normative mechanisms that mediate the transfer of rights to objects of civil and economic turnover and does not meet the needs of economic entities and fundamental theoretical scientific developments in this field. (2) The necessity of changing the concept of technology transfer is substantiated. (3) The author’s definition of technology transfer as committed by the authorized – business entity, or other party to the relationship related to the creation, transfer of rights and implementation of technology, organizational and economic actions, or the conclusion of the relevant economic or civil contract, and / or committing another transaction and / or organizational and managerial actions of public law nature, which will be aimed at the transfer of rights to technology, or information about technology, and / or material implementation (reproduction) of technology from one subject (participant) relations to another, for the purpose of their further transfer to other subjects or use for the purpose of the organization of implementation of production activity (commercialization); (4) It is substantiated that the use of the proposed definition of the normative category of technology transfer will allow to achieve positive results.