Directions for improving the international legal regulation of the support program for the transfer of innovations and technologies  "Horizon Europe"

The object of this paper is the study of the existing organizational forms of startups and the assessment of their compliance with the tasks of technology transfer. It has been established that existing approaches to understanding startups do not meet the needs of technology transfer. The feasibility of improving their legal status is substantiated. Directions for improving the form of a startup in the field of technology transfer have been formed. The following are proposed as the characteristic features of startups in the field of technology transfer: having the status of a business entity, meeting the requirements of a production and commercial entity, having technology or rights to technology, or performing work on its creation. The need to change the provisions of the Framework Program for research and innovation "Horizon Europe" by introducing a separate category of startups in the field of technology transfer is substantiated. Their definition as autonomous small (medium-sized) enterprises at an early stage of their life cycle is proposed. As such, created as a division of a university or research institution, and carrying out production commercial activities and owning the rights to technology or aimed at new technologies or scaling existing business models based on them. A universal legal construction of a startup in the field of technology transfer is proposed, which can be used in national legislation. Under it, it is proposed to understand a business entity, created recently, with the purpose of carrying out production activities and obtaining profit, based on the realization of the appropriate right to technology. The research is aimed at forming directions for improving the legal status of startups. The research results can be used in the formation of international normative acts, to regulate these relations and serve as a basis for further scientific research

Section: Discussion Of Results Of the Study Of Proposals For Improvin...mentioning

confidence: 99%

Directions for improving the status of startups in the technology transfer system

Davydiuk¹,

Shvydka

Ostapenko

et al. 2023

“…At the same time, within the framework of this framework program, all guarantees to technology transfer participants are structured depending on the type of their recipient. For example, small (medium) enterprises and start-ups are provided with more guarantees than medium and large economic entities [10,11]. In general, the framework program "Horizon Europe" does not contain a generalized definition of what guarantees are for the participants of technology transfer.…”

Section: Evaluating the Results Of Studying The Directions Of Improvi...mentioning

confidence: 99%

Directions for improving the system of guarantees for participants in technology transfer

Davydiuk,

Shvydka,

Shovkoplias

et al. 2023

The object of this study is to determine the essence, place, and role of the guarantees of technology transfer participants in the general system of innovative support measures and the formation of proposals for their improvement. General approaches to determining the essence of guarantees to participants in technology transfer as a special means of regulation were summarized. The experience of the World Trade Organization, the European Union, the Organization for International Cooperation and Development, and other countries has been analyzed regarding the methods and techniques by which these guarantees are provided. It has been established that the existing guarantee systems are not capable of fully meeting all the needs of technology transfer subjects. Guarantees to technology transfer participants were categorized in accordance with formalized criteria. The expediency of improving existing systems of guarantees to participants in the field of technology transfer has been substantiated, and the main directions of such improvement have been formed. A generalized definition of technology as a special object of relations regarding its transfer has been formed. It is proposed to unify the definition of technology at the international and national levels. The expediency of maintaining minimum guarantees of rights for technology developers regarding the amount of remuneration for the transfer of rights to technology and other essential conditions of its transfer was substantiated. Directions for improving the essential terms of technology transfer agreements were proposed. The study is aimed at forming general theoretical foundations for improving the system of guarantees of participants in relations in the field of technology transfer. The generated research results can be used in the formation of international normative acts, acts of national legislation within the framework of regulation of these relations and serve as a basis for further scientific research on these issues

“…TT issues are most often considered from the angle of commercialization of the results of research and development (research and development, hereinafter -R&D), as the basis of innovative technology [4,12,13].…”

Section: Establishment Of Grounds and Formation Of The Methodology Fo...mentioning

confidence: 99%

Devising an economic-legal approach to the viability of innovative technology transfer in the process of its commercialization

Butnik-Siverskyi,

Kirin,

Doroshenko

et al. 2024

The object of this study is to determine the economic effect of technology transfer during the period of its viability. This paper suggests a methodology that takes into account the appropriate amount of profit and the accumulated amount of royalties in the commercial use of innovative technology. The necessity of taking into account the viability of the transfer of innovative technology as the beginning of its new life cycle was substantiated. The possibility of formalizing this process in the form of an assessment of the sum of the present values of all projected cash flows, taking into account the eligibility criterion and the barrier rate, has been established. We propose an approach, which, unlike the existing ones, consists in allocating a certain period of viability of innovative technology transfer in the life cycle of technology. It is argued that based on the results of technology renovation, it is possible to assess the economic effect of its transfer due to the benefits of implementation and achievement of licensing activity by expanding the number of licensees. We substantiate the possibility of generating profits and royalties to the licensor as the amount of investment that can and should be directed to the development of a fundamentally new or improved technology in relation to the previous one. The transition to a new technology causes an increase in the overall technological level and leads to the formation of a technological gap between the S-shaped life curves of technical systems and, in parallel, forms a new S-shaped curve of a new technological system based on new knowledge. An economic and legal approach to the development of a methodology for determining the economic effect or viability of innovative-level TT was implemented. The results of the current study could be used in the formation of legislative and subordinate national regulations, as well as serve as a basis for further research on this issue