TRANSFER OF PHARMACEUTICAL TECHNOLOGIES IN UKRAINE: GOALS OF ECONOMIC AND LEGAL FRAMEWORKS

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TRANSFER OF PHARMACEUTICAL TECHNOLOGIES IN UKRAINE: GOALS OF ECONOMIC AND LEGAL FRAMEWORKS

Journal Title: Економічна теорія та право - Year 2016, Vol 3, Issue 26

Abstract

Problem setting. Development of new technologies in the pharmaceutical field needs involvement of a considerable amount of resources without guarantee of rapid implementation of results and reimbursement of expenses. Public program target financing as well as investments of companies and businesses in scientific and technical developments should be mechanisms for implementation of such technologies. This mechanism can encompass both direct and indirect government support of scientific developments, e.g. implementation of tax preferences and providing credits for companies financing innovative projects. Recent research and publication analysis. Scientists such as Yu. Ye. Atamanova, I. I. Bochkova, O. M. Vinnyk, O. M. Davydiuk, D. V. Zadykhailo, V. K. Mamutov, V. M. Pashkov, V. V. Reznikova, V. A. Ustymenko, O. V. Shapovalova, V. S. Shcherbyna, etc. have considered certain legal aspects of economic and legal frameworks of technology transfer in particular industries of the national economy. Simultaneously, a matter of economic and legal frameworks of stimulation of pharmaceutical technology transfer has not been thoroughly researched. Paper objective. The article purpose is to research economic and legal frameworks of stimulation of formation of pharmaceutical technology transfer, legal regimes of these technologies, and external factors, which negatively influence encouragement of pharmaceutical technology transfer. Paper main body. The science of law has long ago substantiated that some tangible forms of technologies can be applied in economic turnover as a separate tangible (property) objects of legal relations in the economic field. Firstly, such technologies include integral separated closed systems of apparatus, gadgets, other equipment, and mechanisms, which serve the common technological purpose – production of goods and providing services – and are directly concerned with transformation of particular raw materials into a final result of its functioning. A technological line is the most appropriate name for such object. There is a need of its legal regulation, which is stipulated by nature of technology. Technology is a relatively closed system of components, which correlates with an environment only by the need for involvement of energy (a driving force) and permanent transfer of information on the course of internal processes to a person, which manage it. This aspect stipulates integral connectivity of component mechanisms being a separate and integral set. Such connectivity is called a technological line. Secondly, experimental construction (a development prototype or trial model) can be a tangible form of technology in economic turnover. Such object is not always similar to a technological line, because it may not have specific properties. At the same time, this object is a technology because of its nature and functional purpose. A legal regime of generic medicine turnover significantly differs from a legal regime of innovative products. In this context, it is worth noting that existence of the strategic public interest in legal regulation of the activity related to creation, transfer of rights, and implementation of technologies determines a necessity of obligatory usage of special legal regimes. Meanwhile, providing population with only generic medicines negatively influences providing pharmaceutical independence of the country in a case of emergencies, epidemics, etc. This requires development of innovative technologies for creation and production of innovative medicines and, as a result, application of another legal regime, which is a part of an integral mechanism of legal regulation of relations in the pharmaceutical market concerned with formation and transfer of rights to implementation of technologies related to turnover of innovative medicines. Conclusion of the research. 1. Taking into account its specific inherent and legal nature, a complicated complex of private and public interests related to creation and application of the technologies, the author states that a problem of the pharmaceutical technology transfer needs own juridical institutionalization in the system of economic innovative law. 2. There is a need for special legal regulation of the pharmaceutical technology transfer, which will particularly include thorough analysis of legal forms of such transfer. For instance, application of a form of commercial concession as one of such forms requires regulation of a large set of legal relations concerned with usage of a transferred right to industrial property, division of responsibility in a case of infliction of harm and obligations regarding commercial secret protection, etc. Obviously, it is very complicated to achieve essential clarity and predictability in corresponding relations under application of only norms of the current Economic Code of Ukraine and the Civil Code of Ukraine. 3. Political matters in such relations with foreign economic entities should be also settled. A foreign economic aspect accounts for 90 percent of the pharmaceutical technology transfer. As a result, a problem of choice of law, which should be applied to corresponding legal relations, arises. Therefore, encouragement of relations of pharmaceutical technology transfer is to some extant restrained by inappropriate quality of the current legislative basis. Short Abstract for an article Аbstract. The author has researched problems of providing economic and legal frameworks of stimulation of creation of the pharmaceutical technology transfer. The author analyzes the innovative infrastructure in the pharmaceutical field, which consists of production and technological, financial, information and analytical, and expert and consulting components, technopolises, technological and scientific parks, innovative centers and centers of technology transfer, business incubators, innovative structures of other types, information networks of scientific and technical information, consulting and engineering firms, and public and private investors as one of sub-systems of the national innovative system. Public program target financing as well as investments of companies and businesses in scientific and technical developments should be mechanisms for implementation of the pharmaceutical technology transfer. Stimulation of pharmaceutical technology formation can encompass both direct and indirect government support of scientific developments, e.g. implementation of tax preferences and providing credits for companies financing innovative projects.

Authors and Affiliations

А. В. Останіна

Keywords

EP ID EP179118
DOI -
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