Legal regulation of intellectual property issues within technology transfer in Ukraine

Abstract

Problem setting. Technologies affect many intellectual property issues, from inventions and technology brands to the content of transfer agreements, so the harmonious coverage of such aspects and consideration of the needs of interested parties in the current legislation is an urgent problem. Analysis of recent researches and publications. The new requirements of the technology transfer ecosystem affect the widening variety of intellectual property rights that arise with the creation of today’s technologies. Legislation should be flexible to such changes. Purpose of research is a critical review of the Law of Ukraine “On State Regulation of Activities in the Field of Technology Transfer” and the development of proposals for its improvement. Article’s main body. It is established that the said Law is more focused on inventions, while copyright, industrial designs, and trademarks are considered very limited, and separate provisions generally exclude the importance of such types of intellectual property for technology transfer; the said Law contains conceptual legal inaccuracies in the distinction between assignments and license agreements. It is proposed to replace the terms “patenting” and “patent immunity”, which appear many times in the document, with the broader and more flexible terms “acquisition of intellectual property rights” and “immunity from the intellectual property rights of third parties”, respectively. Such a proposal is justified as follows. In Ukraine, patents are granted only for inventions and utility models. Industrial designs receive a certificate of registration (as in the EU), the same applies to copyright (at the owner’s request) and trademarks. In the Digital Age, copyright now serves more than just the creative industries. Industrial designs are found everywhere and not taking into account this type of intellectual property from the economic evaluation of the technology or the research of promising areas is unjustified. A technology brand can move alongside it. Patent analysis provides insight into technologies and technological capabilities, as well as new business opportunities. Obtaining trademarks for patented solutions increases the value of these technical solutions, and trademark analysis provides information on the areas in which competitors operate, promising niches and regions, promising products and services, as well as customer interaction approaches and branding strategies. It is also proposed to set out in the document the definition of the term “technology transfer agreement” in accordance with Regulation 316/2014/EU, namely to add to the already existing definition that it can also be a license agreement entered into between two undertakings for the purpose of the production of contract products by the licensee and/or its sub-contractor(s). Conclusions and prospects for development. On the basis of the justifications given in the presented article, it is proposed to make appropriate amendments to the Law of Ukraine “On State Regulation of Activities in the Field of Technology Transfer” in Articles 7, 8, 13, 14, and 23 in the direction of expanding the types of intellectual property and in Article 1 in the direction of expanding definition of the term “technology transfer agreement”.