DIRECTIONS FOR THE FORMATION OF AN EMERGENT INSTITUTIONAL ORDER IN THE TRANSFER OF DUAL PURPOSE TECHNOLOGIES IN THE VECTOR OF THE IMPLEMENTATION OF THE NATIONAL RECONSTRUCTION PLAN OF UKRAINE: PRINCIPLES AND POLICY
Keywords:
transfer of dual-purpose technologies, intellectual property, emergent institutional order, innovative economy.Abstract
Novikova I.E. DIRECTIONS FOR THE FORMATION OF AN EMERGENT INSTITUTIONAL ORDER IN THE TRANSFER OF DUAL PURPOSE TECHNOLOGIES IN THE VECTOR OF THE IMPLEMENTATION OF THE NATIONAL RECONSTRUCTION PLAN OF UKRAINE: PRINCIPLES AND POLICY
Purpose. The aim of the article is to determine the effective directions for the formation of an emergent institutional order for the transfer of dual purpose technologies in the context of the implementation of the national reconstruction plan of Ukraine.
Methodology of research. The theoretical provisions of innovation management, as well as the results of research by Ukrainian and foreign authors devoted to the problems of technological transfer, including transfer of dual-purpose technologies and state innovation policy formed the theoretical and methodological basis of the study. During the preparation of the publication, a number of general scientific methods were used: theoretical generalization – to study the theoretical basis of the specified problem; analysis and synthesis – to develop the regulatory and legislative framework and identify approaches to an effective institutional order in the field of technology commercialization, including dual purpose; logical – for formulating the principles of forming an emergent institutional order in this area.
The main methodological provisions of the European Commission, according to which innovation is a key factor in the program of achieving economic growth, technological progress and the growth of public welfare, were used to develop recommendations with the aim of introducing them into the institutional and organizational Ukrainian economic practice.
Findings. The legal framework governing the transfer of technologies was considered, including dual purpose in Ukraine. The main gaps and problems in the current national legislation that may hinder the effective implementation of dual-purpose technologies were highlighted. Examples of successful models and approaches of effective institutional order in the field of transfer of dual-use technologies used in different countries were analysed. The principles of the formation of an emergent institutional order were formulated. Key recommendations for the formation of institutional foundations for the development of the transfer of dual-use technologies in Ukraine were developed.
Originality. The conceptualization of finding a balance between the actualization of the problem of protecting individual national interests, building up sustainable competitive and security advantages, and ways of increasing the efficiency of international science and intensive collaborations, which are of strategic interest to Ukraine and other countries, the need to fulfil relevant export international obligations, as well as the expediency of strengthening control over the commercialization of dual-use technologies, in particular. The essential and meaningful filling of the emergent institutional order in the transfer of dual-purpose technologies, which, unlike the existing ones, is based on the analysis of the best world practices and enables the formation of progressive innovative and technological transformation processes in the Ukrainian economy, is substantiated.
Practical value. The results of the study can be used in the formation of a new innovative strategy for the development of the domestic economy in order to preserve and increase its competitive advantages, to activate innovative and technological, in particular, military and technical cooperation with foreign partners, as well as export potential, including defence industrial complex.
Key words: transfer of dual-purpose technologies, intellectual property, emergent institutional order, innovative economy.References
Alic, John A. (1994), “The Dual Use of Technology: Concepts and Policies”, Technology In Society, Vol. 16, no. 2, pp. 155-172.
Anstis, S., Leonard, N. and Penney, W.J. (2023), “Moving from secrecy to transparency in the offensive cyber capabilities sector: The case of dual-use technologies exports”, Computer law & Security review, Vol. 48, DOI: https://doi.org/10.1016/j.clsr.2022.105787.
Wagner, B. (2021), “Whose Politics? Whose Rights? Transparency, Capture and Dual-Use Export Controls”, Security and Human Rights, Vol. 31(1-4), pp. 35-46.
Bojnec, Š. (2016), “Dual-use products export multipliers with the indirect effects”, Technological Forecasting & Social Change, Vol. 102, pp. 287-296.
Riebe, T. and Reuter, C. (2019), “Dual-Use and Dilemmas for Cybersecurity, Peace and Technology Assessment”, Information Technology for Peace and Security: IT Applications and Infrastructures in Conflicts, Crises, War, and Peace, pp. 165-183.
Acosta, M., Coronado, D., Ferrandiz, E. et al. (2018), “Patents and Dual-use Technology: An Empirical Study of the World's Largest Defence Companies”, Defence and Peace Economics, Vol. 29(7), pp. 821-839.
Libaers, D. (2018), “Academic scientists with military funding ‒ who are they, what are their working practices, and are they engaged in technology commercialization”, World Scientific Reference On Innovation, Vol. 1, pp. 79-95.
Lupovici, A. (2021), “The dual-use security dilemma and the social construction of insecurity”, Contemporary Security Policy, Vol. 42, no. 3, pp. 257-285.
State Customs Service of Ukraine (2024), “Control over the movement of goods of military purpose and dual use”, available at: https://customs.gov.ua/kontrol-za-peremischennyam-tovariv-viyskov (access date May 20, 2024).
Sevostianenko, D. (2021), “Aspects of legal regulation of black exports of military and dual-use goods”, Visnyk Kyivskoho natsionalnoho universytetu imeni Tarasa Shevchenka: viiskovo-spetsialni nauky, Iss. 1(45), DOI: https://doi.org/10.17721/1728-2217.2021.45.62-66.
Defense Advanced Research Projects Agency (DARPA), available at: https://www.darpa.mil/ (access date May 20, 2024).
Small Business Innovation Research (SBIR), available at: https://www.sbir.gov/ (access date May 20, 2024).
Horizon 2020, available at: https://research-and-innovation.ec.europa.eu/funding/funding-opportunities/funding-programmes-and-open-calls/horizon-2020_en (access date May 22, 2024).
Horizon Europe, available at: https://research-and-innovation.ec.europa.eu/funding/funding-opportunities/funding-programmes-and-open-calls/horizon-europe_en (access date May 22, 2024).
MATIMOP (Israel Industry Center for R&D), available at: https://www2.matimop.org.il/ (access date May 22, 2024).
Startseite Fraunhofer-Gesellschaft, available at: https://www.fraunhofer.de/de/ueber-fraunhofer/profil-struktur/zahlen-und-fakten/finanzen.html (access date May 23, 2024).
Korea Institute for Advancement of Technology (KIAT), available at: https://www.kiat.or.kr/front/user/main.do (access date May 23, 2024).
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items, available at: https://eur-lex.europa.eu/eli/reg/2021/821/oj (access date May 23, 2024).
Downloads
Published
Issue
Section
License
Open-access articles (open-access journals)
Authors whose articles are published in open-access retain all rights to the content of the articles.
Open access articles are committed to be published under Creative Commons Attribution (CC BY) 4.0. This license allows others to distribute, edit, correct and build upon your work, even commercially, as long as they indicate your authorship. Detailed information at Creative Commons site: https://creativecommons.org/licenses/by/4.0/
Permissions for open-access journals
If the article is published in open-access under CC BY 4.0 or CC BY-NC 4.0 (which was possible till the 15th of December, 2018) licenses, users may reproduce it in accordance with their terms.
Additionally, if the article had been published under CC BY-NC 4.0 (this license authorizes others to download your works and share them with others as long as they indicate your authorship, but they can’t use them commercially in any case.), the use for the following commercial purposes requires permission:
– reproduction of content in a work or product intended for sale;
– reproduction in presentations, brochures or other marketing materials used for commercial purposes;
– distribution of the content to promote or market a person, product, course, service or organization;
– text and data mining for the purpose of creating a saleable product or product which benefits from promotional or advertising revenue;
– use of the content by a commercial entity or individual for the purposes of remuneration, directly or indirectly through sale, licensing, promotion or advertising;
– linking to the content (in an email, webpage, portable electronic device or otherwise) for the specific purpose of marketing or advertising a person, product, course, service or organization for commercial benefit.
For further details and permission requests, please contact.
