Legal Regulation of Technology Transfer from the Military to the Civil Sphere
Introduction. The transfer of technologies from defense to the civilian sector of the economy, their implementation in the commercial sphere of economic relations should lead to wider use, increase economic returns and further development of these technologies. The issues of diversification of the domestic defense industry are closely monitored by the top leadership of the Russian Federation. In this regard, the purpose of this study is to scientifically comprehend and analyze the provision by Russian legislation of the necessary and sufficient legal conditions for the transfer of technology from the military to the civilian sector. The scientific novelty of this work consists in the content and sequence of stages of technology transfer from the defense to the civilian sector of the economy and assessing the degree to which these stages are reflected in current legislation.
Monitoring Tools. The subject is normative legal acts regulating this sphere of relations, as well as the works of scientists and specialists in this field. The dialectical method was used as a methodological basis. General scientific (analysis, system-structural, functional), special (concrete sociological), and private scientific (formal-legal, method of interpretation of the rule of law) methods were applied in this work.
Results and Discussion. The materials collected during the analysis in this article allow us to analyze Russian legislation on the transfer of technology from the defense sector to civilian through the prism of the author’s presentation of the stages of technology transfer and how this mechanism is viewed by domestic experts and researchers. The analysis conducted in this field will be useful both for lawyers who apply these laws, and for researchers who are faced with the effect of such laws in their professional activities.
Conclusion. Based on the results of the research, we can conclude that it is advisable to adopt a single regulatory legal act governing all stages of the disposal of rights to military, special or dual-use technologies, the exclusive right for which belongs to the Russian Federation.
KeywordsScientific and technological sector, intellectual property, technology transfer, agreement on the alienation of exclusive rights, license agreement
Information about the authors
Mikhail A. Gaponenko, Senior Lecturer, Russian Research Institute of Economics, Politics and Law in Science and Technology (RIEPL) (20A Dobrolyubova St., Moscow 127254, Russia), ORCID: https://orcid.org/0000-0003-1700-5636. His scientific interest is focused on research in the field of normative legal regulation of science, innovation and intellectual property, including the problems of implementation, improvement of legislation and practical application.