Technology transfer: international legal regulation

• technological information relevant to similar types of technological products;

• existing, new and innovative technologies for the current stage of human development of integrated systems;

• relocation and use of labor resources - technical specialists;

• full cycles of technological production systems;

• intangible technogenic knowledge and know-how.

All technologies, which are improved by the level of scientific achievements at each stage of growth, have already become a reality in the history of mankind, or those that are just being created, determine the substantive basis of intersocial transfer of complex components of techno genesis. At the same time, the completeness of the multifactorial system of technogenic growth of each social system and levels of ownership of their subjects' technological values, not only form the basis of proposals for intersocial exchange, but also determine the main parameters of technogenic diffusion, in particular, technogenic relations.

International technogenic transfer is a set of international legal relations that serve the processes of accumulation and exchange in the global society of technogenic assets, based on the capabilities of the collective mind of society to common creativity and its structurally organized capabilities to produce not only new technologies but also processes of actual technogenic reality, caused by domestic and international living conditions, in order to develop global techno genesis, the transition to a new level of knowledge and overcoming technological gaps between «individual societies» [5].

Why is it so necessary to shift the focus of attention on the regulation of private legal relations and to completely change the approach to solving the problems of the global level of technogenic transfer. International law now faces the challenge of fundamental transformations in the field of the concept of international technogenic transfer and its transformation into a system of compulsory principles of international law that will consolidate the foundations of the process of sustainable / balanced development of Mankind and, finally, push the global community to harmonize the contemporary problems of humanity with the needs of humanity. generations on the path to bio-techno-singularity. It should be defined that techno-singularity is a future period of human development, when the pace of technological change will be so rapid and their impact so deep that human life will undergo irreversible transformations.

Regardless of whether this theory and model of development is utopian or dystopian, this era will transform the concepts on which humanity will create the realities of its existence, from business models to the cycle of human life, including death itself. R. Kurzweil and apologists of this theory consider it as a certain hypothetical moment, after the onset of which, technological progress will become so fast and complicated that it will be inaccessible to understanding and will be characterized by the following, after the creation of artificial intelligence and self-replicating machines, the integration of man with computers, or a considerable leaping human brain at the expense of biotechnology.

Thus, author considers it appropriate to introduce the term bio- techno-singularity, as mentioned above. Within the next thirty years, humanity will have the technical ability to create superhuman intelligence. Soon after, the human age we know of will be over - a new milestone in the history of development will begin.

The rapid development of scientific and technological progress leads to the fact that it inevitably becomes a factor of revolutionary and profound changes in the development of mankind. Artificial intelligence, genetic engineering, innovation and nanotechnology, international technogenic transfer are the levers of forming a new world. Therefore, a qualitatively new dimension of human existence and, as a consequence, a new world order will be created. This will bring new challenges to humanity in all spheres of life, first and foremost in the field of international law [6].

It follows that, given the overall pace of human development, the system of international law is transforming and adapting to the needs of the modern world and its future too slowly.

The set of norms that currently regulates the processes of creation and transfer of technologies at the international level, although fragmented, but already has a clear subject of legal regulation - international relations arising in the field of technogenic transfer. That is, a set of social legal relations that arise in the process of implementing innovative activities, scientific cooperation, creation, implementation and transfer of new technological products and advanced modern technologies.

Thus, it meets one of the main requirements of the institution and branch of law - the existence of the subject of legal regulation as the originality of social relations, their qualitative homogeneity.

International technogenic transfer is also characterized by a common method of regulation for international law - the method of coordinating the will of states. This is evidenced by the adoption of the Code of Conduct on Technology Transfer, although it was not adopted - the norms developed by expert groups were borrowed from many international agreements that laid the foundations for regulating international technogenic transfer and analyzed in the previous section of our study.

It should be noted that the norms of international technogenic transfer cover a very wide range of social relations in many spheres of human existence, and are also characterized by the asymmetry of the participants in these relations. And, although such relations are governed by the rules of various branches of international law (e.g. international intellectual property law, international economic law, international environmental law, etc.), the fragmentary nature of their regulation is ineffective, so it can be stated that it is impossible to regulate the sphere of these social relations by the norms of other branches of the system of international law [7]. And, in this context, it is still worth talking not about the fragmentary nature of the subject of the right of technogenic transfer, but rather about its complex, intersectoral and polystructural nature. As we see in the rights of international technogenic transfer there are even some features of the field of law, not just the institution. Currently, this complex only lacks the characteristics of the autonomy of the norms that make up the content of the industry [8].

At the present stage of development of international law, we can already talk about the beginnings of the formation of the institution of international technogenic transfer law, but there are a number of issues that need to be addressed in order to achieve this goal. International technogenic transfer can turn from a set of norms of related direction into an institution of law, and as a consequence, into a full-fledged branch of international law in the future. First of all, at the international level it is necessary to create a basic framework for this in the form of a number of international regulations that would outline the principles and guidelines of international technogenic transfer, systematize and unify its norms. If we are talking about further transformation into a branch of law - it is necessary to consider the possibility of creating an international organization that would deal with issues of technogenic transfer, as well as a global network of technogenic transfer, as discussed earlier.

For any institution or industry, first of all, it is necessary to create a hierarchical system of norms, which would be based on norms-principles that would embody the basic principles of its functioning. Therefore, in our opinion, it would be appropriate to offer as a special for the institute and in the future field of international man-made transfer. We see the need to establish seven sectoral principles that are equivalent, but in the list are from the most general to the most specific. Thus, the following principles of international technology transfer are to be developed:

• of sovereignty of the mind;

• value;

• of universality;

• of consolidation of resources;

• of standardization and unity of formats;

• of accessibility and equality of participants;

• of quality and expert evaluation.

More deep set out of aforementioned principles spreads beyond the purposes of the paper and is the subject to author's PhD research. In addition to the fundamental principles and to ensure them, the industry of international technogenic transfer will also need to create its own institutional mechanism, which will as well be discussed in author's PhD research.

1. World Intellectual Property Report 2019 - The Geography of Innovation: Local Hotspots, Global Networks. WIPO Report. 2019. Retrieved from https://www.wipo.int/edocs/pubdocs/en/wipo_pub_944_2019.pdf [in English].

2. Lee, Peter. (2019). Reconceptualizing the Role of Intellectual Property Rights in Shaping Industry Structure 72 Vand. L. Rev. 1197 (2019). UC Davis Legal Studies Research Paper. Retrieved from https://ssrn.com/ abstract=3271882 [in English].

3. Weis, J., Bashyam, A., Ekchian, G. J., Paisner, K., &Vanderford, N. (2018). Evaluating disparities in the U.S. technology transfer ecosystem to improve bench to business translation. F1000Res.; 7:329. Published 2018 Mar 15. Retrieved from D0I:10.12688/f1000research.14210.1 [in English].

4. ZakonUkrainy vid 14.09.2006 № 143-V «Pro derzhavnerehulyuvannyadiyal'nosti u sferitransferutekhnolohiy» [The Ukrainian Law № 143-V dated 14.09.2006 «On State Legal Regulation of Activity in the Field of Technology Transfer»]. Retrieved from http://zakon2.rada.gov.ua/ laws/show/143-16 [in English].

5. Ivashchenko, D. (2019). Pravovoy status tekhnogennoyideikakobyektamezhdunarodnogotekhnogennogotransfera [Legal Status of the Technogenic Idea as an Object of International Technogenic Transfer]. Moldova. Zhurnal«Legea siviata» - Journal «Legea si viata»,(Vol. 19) [in English].

6. European Commision. (2010). Project Europe 2030. Challenges and Opportunities. A report to the European Council by the Reflection Group on the Future of the EU 2030. Luxembourg: Publications Office of the European Union [in English].

7. Van Norman, GA, & Eisenkot, R. (2017). Technology Transfer: From the Research Bench to Commercialization: Part 1: Intellectual Property Rights- Basics of Patents and Copyrights. JACC Basic Transl Sci, 2 (1), 85-97. Published Feb 27. D0I:10.1016/jjacbts.2017.01.003 [in English].

8. Van Norman, G. A., & Eisenkot, R. (2017). Technology Transfer: From the Research Bench to Commercialization: Part 2: The Commercialization Process. JACC Basic Transl Sci, 2 (2), 197-208. Published 2017 Apr 24. D0I:10.1016/j.jacbts.2017.03.00 [in English].

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