TECHNOLOGY MARKET: LEGISLATION ASPECTS OF TECHNOLOGICAL SECURITY INTERESTS ENSURING

Author
, PhD. Student, Kharkiv, Pushinska, 77

In heading

 Law;

Signed print

 24.10.2014

Issues number

 2014 - № 4 (19)

Page

 126-137

Type of articles

 Scientific article

Code UDK

 346.7 (477): 001.895

ISSN print

 2218-8010

Abstract

 Problem setting. The technological security provision and the improvement of the state relations regulation in the technology market are determined to be an important objective of a government. Nowadays, these legal relations require better regulation. The definition of the term “technology circulation” is out of legislation, while the term “subjects of the technology market” requests further expanding, etc.
Recent research and publications analysis. A problem of the technology market and the economic and legislative provision of the technological securitization in this market was researched by Yu. Ye. Atamanova, І. М. Budnikevych, С. І. Vinogradov, О. М. Holovinov, О. М. Davydiuk, D. V. Zadykhailo, V. B. Kryvous, V. V. Kudriavtseva, V. І. Kukhar, М. О. Makarov etc. Nevertheless, scientific literature doesn’t contain unambiguous definition of the terms “technology”, “technological security”, and of its functions. Thus, the most of scientists suggest that the modernization of the national legislation in order to achieve the better legal relations regulation becomes significantly important.
Paper objective. The main categories of the technology security consideration, subjects and objects of the technology market determination, main functions of the innovation market as well as the national legislation analysis aimed at the improvement and the protection of state technological security.
Paper main body. The Law determines the main subjects of legal relations regarding the technology transfer, but this list needs expanding. Thus, it is suggested to supplement this list with following subjects: “Legal and/or physical persons performing the organization and financial provision of the process of technologies transfer through the provision of intermediate functions and services, which assist a process of the realization of technology transfer relations”. The term “technology ciculation” is suggested to be implemented in the present legislation. The term “technology” must be determined more correctly. The author suggests the division of a social relations cycle into separate stages concerning creation, transfer,
production, and implementation of the technologies and the realization of produced goods exceptionally with the distribution of the revenues received from this realization, as a system (complex) object of economic and legislative regulations. Functions of the technology market existing in the scientific doctrine were supplemented. It is necessary to perform legal definition of the term “crucial technology” and create special regimes of their circulation.
Conclusions of the research. The legislative registration of the term “technologies circulation” is required. The list of existing subjects of the technology transfer must be supplemented. A present legislative definition of the technology is suggested to be not complete, thus the author recommends specifying it with the more correct one. The division of the public relations cycle regarding technology circulation into several phases is suggested. It is determined as appropriate to create the single doctrine concerning the technology
market and to perform its legislative registration. It is necessary to perform legislative fixation of the term “crucial technologies” and to create special circulation regimes. The modernization of the existing legislation and the creation of the single legislative act, which regulates investment activity relations, are proposed.

Keywords

 Technology market; technology circulation; technological security, technology transfer, rights protection.

Reviewer

External reviewer

Article in PDF

 4 126-137

Bibliography

 none

Code DOI

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16.09.2014