( U=346.7:330.341.1 )

РУБ DOI: 10.15587/1729-4061.2022.268514

Аннотация: Some study revealed the absence of a generally accepted approach to determining the requirements for the efficiency and effectiveness of technology as an object of civil and economic relations. The need to form recommendations on the content of legal norms and contractual clauses that can be used to fix them in the specified means of regulation is substantiated. It is proved that provided that the current legislation of a particular country fixes universal criteria for determining the effectiveness of technology, this will have a positive impact on their transfer. Thus, on the one hand, all participants in the relationship of technology circulation will receive indicators and an understanding of how to separate an effective technology from pseudo and outdated technologies. On the other hand, public officials will have a guideline on what technologies cannot be provided with budget funding and support. And the parties to the contractual relationship will be able to fix in the relevant agreements more effective protective clauses, which will help protect their legitimate interests and stabilize investment risks. Existing approaches to determining the degree of efficiency of technologies were defined and systematized. The analysis of the feasibility and possibility of using macroeconomic and local performance indicators was carried out. General circumstances have been formed that affect the formation of the category of technology efficiency. These include the territory and level of technological development of the implementation area. The suitability and adaptability of the technology to the ability to perform the tasks assigned to it and others. As a result of the study, universal designs for identifying the effectiveness of the technology were proposed. They are proposed for use in the formation of national and international legislation and protective contractual clauses.

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Bondarenko, I. .
Directions for the implementation of regulatory means for the application of tax benefits in the general system of regulatory regulation of technology support means [Текст] / I. Bondarenko, T. Shulga, V. Kapustnyk, S. Hotsuliak, P. Duravkin // Eastern-European Journal of Enterprise Technologies. - 2023. - Vol. 1, Iss. 13 (121). - P. 125-131. - References : p. 130-131
Перевод заглавия: Напрями впровадження засобів регулювання застосування податкових пільг у загальну систему нормативного регулювання засобів технологічного забезпечення

УДК

РУБ DOI: 10.15587/1729-4061.2023.274061

Аннотация: This paper substantiates the expediency of conducting scientific research into the formation of the concept of tax benefits within the framework of technology transfer, which would meet the strategic interests of the state and business needs. The study is aimed at finding the optimal level of tax benefits within the existing means of state support for the introduction of new technologies. It is proved that the effectiveness of preferential taxation depends on the area of implementation, the level of the economy, the sustainability and immutability of tax legislation. Normative means of formation of a system of preferential taxation of innovation activity and technology transfer within the legal system are proposed, namely: 1) a candidate for tax benefits from the state must undergo a special permitting procedure for confirming its legal status; 2) the system of tax benefits for participants in innovative relations and technology transfer should include two options for tax systems. On the one hand, there should be a system of tax benefits based on a preferential rate of income tax, value added tax, and an increased level of depreciation. On the other hand, a special type of simplified taxation system should be implemented, which should contain special (preferential) rates for paying a single tax; 3) the types of activities that can be carried out by business entities wishing to receive tax benefits should be limited by law. Such activities should include only those that carry out activities in the field of social production of goods. The results of the study take into account the world experience of using similar means of support and can be used in the formation of regulatory means for regulating these relations.

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Davydiuk, O. .
Directions for improving the international legal regulation of the support program for the transfer of innovations and technologies “Horizon Europe” [Текст] / O. Davydiuk, T. Duiunova, H. Shovkoplias, O. Sivash, S. Hlushchenko, K. Lisohorova, I. Maryniv // Eastern-European Journal of Enterprise Technologies. - 2023. - Vol. 2, Iss. 13 (122). - P. 85-91. - References : p. 91
Перевод заглавия: Напрями вдосконалення міжнародно-правового регулювання програми підтримки трансферу інновацій та технологій «Горизонт Європа»

УДК

РУБ DOI: 10.15587/1729-4061.2023.276747

Аннотация: This paper reports a study into the essence, levels, forms, principles, and types of means of innovative support, as well as the procedure for their provision, which are provided for by the framework agreement “Horizon Europe”. A critical analysis of certain elements of this framework agreement was performed. The expediency of conducting scientific research on changing the international legal regulation of implementation of measures of innovative support within the framework program of the European Union “Horizon Europe” has been substantiated. This study is aimed at forming the concept of improving the normative mechanisms of legal regulation of the implementation of means of innovative incentives within the framework of the law of the European Union. In addition, the issue of developing proposals to improve legal mechanisms for assessing the effectiveness of the implementation of previously provided means of support was investigated. It is proved that the formation of an integral concept of supporting innovation processes within the framework of the temporary framework program has a destabilizing effect. A concept of improving the system of normative regulation of means of innovative support and technology transfer in the general system of EU legislation has been proposed. Within the framework of the proposed concept, the expediency of transferring part of the subject of legal regulation of the framework agreement “Horizon Europe” to acts of EU legislation of a higher level is substantiated. Also, a concept of improving the legal mechanisms for assessing the effectiveness of previously provided incentives for innovation and technology transfer has been formed. It is substantiated that such mechanisms should be based on the activities of an expert collegial body within the European Innovation Council. The study results could be used in the formation of international regulations, for the appropriate regulation of these relations.

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Davydiuk, O. .
Directions for improving the status of startups in the technology transfer system [Текст] / O. Davydiuk, T. Shvydka, I. Ostapenko, V. Yurovska, O. Bytiak, Y. Senyk // Eastern-European Journal of Enterprise Technologies. - 2023. - Vol. 3, No. 13 (123). - P. 111-120. - References : p. 120. - [Для автора Давидюк О. М. вказана інша орг-ція]
Перевод заглавия: Напрями покращення статусу стартапів у системі трансферу технологій

УДК

РУБ DOI: 10.15587/1729-4061.2023.282762

Аннотация: 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 pro-posed. 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 legis-lation. 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.

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Davydiuk, O. .
Directions for improving the system of guarantees for participants in technology transfer [Електронний ресурс] / O. Davydiuk, T. Shvydka, H. Shovkoplias, Y. Senyk, M. Toporkova // Eastern-European Journal of Enterprise Technologies. - 2023. - Vol. 4, No. 13. - P. 16-25. - References : p. 24-25
Перевод заглавия: Напрями вдосконалення системи гарантій для учасників трансферу технологій

УДК

РУБ DOI: 10.15587/1729-4061.2023.285968

Аннотация: 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.

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Davydiuk, O. .
Determining directions for improving the legal regulation of technology transfer forms [Електронний ресурс] / O. Davydiuk, T. Shvydka, B. Hnatkivskyi, H. Ivanova, R. Vaksman // Eastern-European Journal of Enterprise Technologies. - 2024. - Vol. 2, no. 13 (128). - P. 58-65. - DOI: https://doi.org/10.15587/1729-4061.2024.301879 . - ISSN 1729-3774
Перевод заглавия: Визначення напрямків удосконалення правового регулювання форм трансферу технологій

УДК

Аннотация: The object of this study is the existing regulatory approaches to determining the forms of technology transfer in the legal systems of economically developed countries of the world, international treaties, and agreements. During the research and generalization of existing concepts, it was established that they are not unified and differ significantly from each other. It has been proven that this does not meet the needs of technology transfer participants and significantly destabilizes the technology transfer process. The expediency of improving the existing normative concept of determining the forms of technology transfer by fixing their single list has been substantiated. Recommendations on the list of the main forms of technology transfer have been formed based on a systematic analysis of legal acts that determine the peculiarities of the essence of technology. A classification of the main forms of technology transfer was proposed. Four main forms of technology transfer were identified as the transfer of rights to technology during its creation, within the framework of joint cooperation, within the framework of cooperation based on corporate and/or proprietary commercial principles. The expediency of dividing each form of transfer into separate subtypes was also substantiated. The need to make changes to the provisions of such international treaties and agreements as the World Trade Organization Agreements, the Recommendations of the World Organization for the Protection of Intellectual Property, the Oslo Guidelines, the UNCTAD Recommendations, and the framework program “Horizon Europe” has been proven. The study is aimed at forming general theoretical foundations for improving the essence of regulatory techniques for identifying forms of technology transfer. The research results could be used in the formation of international normative acts, recommendations of international institutions, acts of national legislation, and serve as a basis for further scientific research into these issues.

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