International Legal Basis for Technology Transfer in the Context of Anti-Russian Restrictive Measures of the Collective West
- Authors: Nikiforov V.A.1,2, Epikhin E.V.1
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Affiliations:
- Russian Foreign Trade Academy (RFTA) of the Ministry of Economic Development of the Russian Federation
- Moscow International University
- Issue: Vol 18, No 2 (2025)
- Pages: 132-138
- Section: International Legal Sciences
- URL: https://journals.eco-vector.com/2072-3164/article/view/678706
- DOI: https://doi.org/10.33693/2541-8025-2025-18-2-132-138
- EDN: https://elibrary.ru/SAGVCY
- ID: 678706
Cite item
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.
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About the authors
Vadim A. Nikiforov
Russian Foreign Trade Academy (RFTA) of the Ministry of Economic Development of the Russian Federation; Moscow International University
Author for correspondence.
Email: nikiforov-v.a@yandex.ru
ORCID iD: 0000-0002-6798-3537
SPIN-code: 5500-3608
ResearcherId: 57194205757
Dr. Sci. (Law), Assoc. Prof., Professor of the Department of International Law, Professor of History, Theory of State and Law and International Law Department
Russian Federation, Moscow; MoscowEvgeny V. Epikhin
Russian Foreign Trade Academy (RFTA) of the Ministry of Economic Development of the Russian Federation
Email: evgeny.epikhin@mail.ru
SPIN-code: 4554-1358
postgraduate student of the Department of International Law
Russian Federation, MoscowReferences
- Vasiliev A. A. Sanction barriers in international scientific and technical cooperation: theoretical aspect. A. A. Vasiliev, M. V. Shugurov, Yu. V. Pechatnova. Economy and business: theory and practice. 2022. No. 4–1 (86). Pp. 58–63. (in Rus.).
- Sanctions Policy: Objectives, Strategies, Tools: Reader. Ed. 3rd, revised and supplemented. [compiled by I. N. Timofeev, P. I. Chupriyanova, K. V. Trotskaya]; Russian International Affairs Council (RIAC). Moscow: NP RIAC, 2023. 537 p.
- Smbatyan A. S. Interpretation and application of the rules of the World Trade Organization. Moscow: INFRA-M, 2017. 448 p.
- Shumilov V. M. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): Impact on the Sphere of Education in the World in Light of Russia’s Upcoming Accession to the WTO. Bulletin of International Organizations. 2008. No. 1 (16). Pp. 38–45. (in Rus.).
- Shugurov M. V. International Legal Regulation of Technology Transfer for Development Purposes. Law and Politics. 2013. No. 8. Pp. 1032–1046. (in Rus.).
- Cottier T. The Agreement on Trade-Related Aspects of Intellectual Property Rights // The World Trade Organization: Legal, Economic and Political Analysis / Eds. by P.F.J. Macrory, A. E. Appleton, M. G. Plummer. Vol. I. N.Y., 2005. Pp. 1041–1120.
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