International Legal Basis for Technology Transfer in the Context of Anti-Russian Restrictive Measures of the Collective West

Objectives of the study. The topic of the article touches upon current issues of international technology transfer in the context of the use of illegal unilateral restrictive measures (so-called "sanctions") by the countries of the collective West. There is no doubt that the collective West will always use sanctions pressure. In connection to this, it should be necessary to review the statement, if existing international law mechanisms are in power to give clear answer at this disaster illegal situation. The article analyzes the fundamental international legal acts regulating technology transfer issues, including agreements of the WIPO and the WTO. The principles and approaches to technology transfer embedded in them are studied, an assessment of the effectiveness is given, as well as the achievability of the goals set, taking into account the historical and modern context. Conclusions. The conducted analysis revealed obstacles that have prevented the introduction of a truly effective mechanism for technology transfer at the international level for decades. Among main issues, we should highlight several points including: absence in international law of "technology transfer" conception, absence of such concept implementation mechanics, lack of legally established obligations of advanced countries on technology transfer to developing contries and LDCs. The inability of key international universal organizations to exert practical influence on real, and not declared by them, technology transfer was revealed. Moreover, it was established that the rules of international trade not only do not promote, but significantly hinder international technological transfer.

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Publication Details

Journal
Gaps in Russian legislation
Published
2025-04-18
DOI
https://doi.org/10.33693/2541-8025-2025-18-2-132-138
Primary Topic
Technology Assessment and Management
Type
article
Field-Weighted Citation Impact
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article

International Legal Basis for Technology Transfer in the Context of Anti-Russian Restrictive Measures of the Collective West

Vadim A. Nikiforov, Evgeny V. Epikhin
Gaps in Russian legislation
Technology Assessment and Management
article

International Legal Basis for Technology Transfer in the Context of Anti-Russian Restrictive Measures of the Collective West

Vadim A. Nikiforov, Evgeny V. Epikhin
article en

Abstract

Objectives of the study. The topic of the article touches upon current issues of international technology transfer in the context of the use of illegal unilateral restrictive measures (so-called "sanctions") by the countries of the collective West. There is no doubt that the collective West will always use sanctions pressure. In connection to this, it should be necessary to review the statement, if existing international law mechanisms are in power to give clear answer at this disaster illegal situation. The article analyzes the fundamental international legal acts regulating technology transfer issues, including agreements of the WIPO and the WTO. The principles and approaches to technology transfer embedded in them are studied, an assessment of the effectiveness is given, as well as the achievability of the goals set, taking into account the historical and modern context. Conclusions. The conducted analysis revealed obstacles that have prevented the introduction of a truly effective mechanism for technology transfer at the international level for decades. Among main issues, we should highlight several points including: absence in international law of "technology transfer" conception, absence of such concept implementation mechanics, lack of legally established obligations of advanced countries on technology transfer to developing contries and LDCs. The inability of key international universal organizations to exert practical influence on real, and not declared by them, technology transfer was revealed. Moreover, it was established that the rules of international trade not only do not promote, but significantly hinder international technological transfer.

Gaps in Russian legislationVol. 18(2)
International University in Moscow (RU), Russian Foreign Trade Academy (RU)
Openalex Percentile: Top 86%
Technology Assessment and Management
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