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

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