Novikov Y. Economic and legal regulation of technology transfer networks activities

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003706

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

26-10-2018

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

The thesis deals with to consideration of legal nature, characteristic features subjective composition types of relations, as well as features of economic and legal regulation of technology transfer networks. The thesis considers the historical aspect of the development of technology transfer networks. The legal definition of the concept of «technology transfer network» has determined and its legal nature has clarified in the thesis The author's classification of network organizations in the innovation sphere has proposed. Qualifying features of technology transfer networks has discovered. Particular attention in the work has given to the outline of the subject structure of technology transfer networks and to the definition of functions, tasks and classification of relations that arise in connection with their functioning. The provisions of the thesis contain an analysis of organizational and legal forms of activity of technology transfer networks, and it has determined that a contractual form with the conclusion of agreements on joint activities for the purpose of implementing joint projects is optimal for the functioning of modern technology transfer networks. Created author's classification of legal relationships arising from connection with the operation of the technology transfer network: internal and external. The legal relationship between the participants of the technology transfer network includes the legal relationship: (1) between the administrator and the participants : technological mediator and service organizations; (2) between the administrator and the partners; (3) between participants and clients (developers and users of technologies).Some of them belong to the horizontal economic (property-economic) relations, in which the implementation of the subject of the network's activities related to activities consisting of the provision of services to customers related to technology transfer, while others, – organizational economic relations related to ensuring their functionality. External relations include binding relationships between the customers of the technology transfer network for technology transfer in the broadest sense, as well as the relationship between the network administrator and other regional and international technology transfer networks. The relationship between the network clients on technology transfer arises on the basis of the relevant agreement, which may relate to the provision / transfer of intellectual property rights, research, development, technical works, the performance of services (certification, engineering, author's supervision, etc.)., agreements on joint activities on project implementation. Conclusions are drawn that the consortium is the contractual form of technology transfer networks as a association of persons without the status of a legal entity whose basis of activity is a consortium agreement, the conclusion of which is aimed at achieving the common goal of participants in implementing a research project through the pooling of experience, knowledge and resources as labor, production, and intellectual. The contract belongs to the organizational agreements and is a type of agreement on joint activity, which has distinct characteristics from a simple partnership, and therefore can be defined in Chapter 77 of Section III of 9 the Civil Code of Ukraine as a particular defined contract for the implementation of joint activities. From there two types of organizational and legal forms of the network of technology transfer has identified: institutional (in the case of a subject approach) and contractual (in the case of a project approach).

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