Individuals who directly participate in the creation, transfer and application of technologies and / or their components
Authors: Rozghon Olha 
Published: June 2020

Problem setting. The legal basis for the implementation of technology transfer in Ukraine is the legal framework, in particular, the Law of Ukraine «On State Regulation of Technology Transfer», which has certain shortcomings in the field of state regulation of technology transfer, since Art. 3 of the said Law establishes only the list of subjects, but does not specify and organize them. So, today, the state provision of technology transfer in Ukraine is uncoordinated on the grounds that there is no proper institutional support. The relevance of the topic has determined the purpose of the scientific work, which is to study a group of technology transfer entities that are directly involved in the creation, transfer and use of technology and / or their components, and provide the necessary information, financial and other services at all stages the promotion of technologies and / or their components.
Target of research. The purpose of this article is to analyze the activities and systematization of subjects belonging to the third group under Art. 3 of the said Law: natural persons directly involved in the creation, transfer and application of technologies and / or their components, provide the necessary information, financial and other services at all stages of the technology and / or their components market promotion.
Analysis of recent researches and publications. Technology transfer as a category was investigated by such scientists as Yu. E. Atamanova, O. M Vinnyk, O. M Davdyuk, G.I Zhits, Yu. M. Kapitsa, D.S. Makhnovsky, V.S. Milash , E.A. Novikov, B.M. Paduchak, O.S. Trofimchuk, N.M. Fonshtein, O.A. Chobot, I.E. Yakubovsky. But with the attention of scientists there is a study of the analysis of activity and systematization of the subjects of technology transfer under Art. 3 Law of Ukraine «On State Regulation of Technology Transfer Activities».
Article’s main body. The main normative legal document that directly regulates the sphere of technology transfer in Ukraine is the Law of Ukraine «On state regulation of activities in the field of technology transfer». It explains some of the concepts in technology transfer, identifies entities involved in technology transfer (Article 3), but their definitions, powers and functions are described only for government entities and state-owned entities. According to paragraph 3 of Art. 3 of the Law of Ukraine «On state regulation of activities in the field of technology transfer» subjects of technology transfer are individuals who are directly involved in the creation, transfer and use of technologies and / or their components, provide the necessary information, financial and other services for all stages of the advancement of technologies and / or their components to the market. Because an individual is involved in the creation of technology, it may be the creator (author). Any individual, regardless of age, can be the creator of an intellectual property. The right to transfer technology to individuals who are directly involved in technology transfer, although enshrined in applicable law, but only to individuals - entrepreneurs. With regard to individuals involved in the application of technologies and / or their components, these may be, in particular, technology providers and their components used in the application of technologies offered for transfer. The technology transfer entity (in particular, the inventor) can be a natural person in the technology transfer field. Thus, the subjects of technology transfer at certain stages are: the inventor (fundamental science), practitioner (applied science), technologist-producer (industrial production), marketer-seller (market), investor (pilot production and refinement) technology). We assume that technology transfer investors are financing through their own funds or fund management. The most attractive for efficient technology transfer is the Greenfield investor who is motivated by the search for knowledge. Individuals directly involved in the transfer of technology may also be referred to as a patent attorney as a person providing assistance and services related to the protection of intellectual property rights to others whom they represent.
Conclusions and prospects for the development. Although a legal analysis of technology transfer legislation indicates the use of the terms «natural person», for example, author, inventor, who may belong to individuals involved in the creation of technologies and / or their components, and «natural person - entrepreneur», however the parties to the economic agreement in the field of technology transfer are economic entities, ie individuals - entrepreneurs. In our opinion, item 3 of Art. 3 The Law of Ukraine «On State Regulation of Technology Transfer Activities» should be read in the following wording: natural persons directly involved in the creation, transfer and use of technologies and / or their components, provide the necessary information, financial and other services for all stages of promotion of technologies and / or their components on the market are: a) individuals who create new technological solutions, products, methods or means of production, types of goods and services, management structures without conducting scientific howling (scientific and technical) work; b) individuals who provide different types of services during the implementation of innovations, in particular, perform design or technological works on the creation of models, design, provide marketing, training, legal, patent services; c) natural persons - investors who finance projects at their own expense or manage funds. Keywords: technology transfer, technology, services, individual - entrepreneur, author, investor.