The International Legal Policy in the Field of Technology Transfer and the Intellectual Property Rights: Some Controversial Issues

Mark V Shugurov,Irina V Shugurova

doi:10.5901/mjss.2015.v6n5s1p177

Abstract

The study examines the one of the dramatic collisions of international technology transfer, such as the tension between aims of technology transfer, on the one hand, and protection of intellectual property rights (IPRs), on the other hand. Authors review comprehensively the dual role of intellectual property (IP) in the international technology transfer and strive to address some of issues concerning the essence of global complex policy in area of technology transfer and of the IPR protection based on international legal instruments. The present study also deals with analysis of directions of the politics of international law in appropriate area. Authors have stressed that is important to understand that efforts of the world society to establish the international regime of technology transfer on fair and equitable terms during last 50 years presume that this regime is in conjunction with issues on the protection of IPRs. Finally, the intersecting of mission of internationally transferred technologies and aims of the IPRs protection demands a new steps of international cooperation designed to reconcile the interests of various groups of countries, interests of right holders and users of technologies. The basis of possible reconciliation is numerous provisions of international legal instruments providing for the balanced relation between perspectives of technological progress of society and interest of holders of exclusive rights. DOI: 10.5901/mjss.2015.v6n5s1p177

Highlights

The international technology transfer is one of the significant forms of international science and technology cooperation that overlaps other forms of the latter, for example exchange of scientific information and data, exchange of specialists, supply of equipment, joint research and developments
Authors review comprehensively the dual role of intellectual property (IP) in the international technology transfer and strive to address some of issues concerning the essence of global complex policy in area of technology transfer and of the intellectual property rights (IPRs) protection based on international legal instruments
This politics intends to improve the legal framework of the global complex policy in the area of international technology transfer and is, the indispensable conditions of the rule of law in international technological affairs closely connected with international economic affairs

Summary

Introduction

The international technology transfer is one of the significant forms of international science and technology cooperation that overlaps other forms of the latter, for example exchange of scientific information and data, exchange of specialists, supply of equipment, joint research and developments. The international technology transfer overlaps such forms of international economic cooperation as FDI and trade. The international technology transfer faces numerous problems the solving of that is in focus of the special international legal policy, or the special politics of international law. This politics intends to improve the legal framework of the global complex policy in the area of international technology transfer and is, the indispensable conditions of the rule of law in international technological affairs closely connected with international economic affairs

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