LEGAL REGULATION OF THE CONTRACTUAL RELATIONSHIPS CONNECTED WITH THE RESEARCH IN THE EUROPEAN UNION

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LEGAL REGULATION OF THE CONTRACTUAL RELATIONSHIPS CONNECTED WITH THE RESEARCH IN THE EUROPEAN UNION

Journal Title: Право та інновації - Year 2017, Vol 1, Issue 17

Abstract

Problem setting. The article analyzes the contractual relations of the EU in the sphere of research and technology transfer – a key area of legal support of innovation in the EU. Here are revealed as the general requirements and essential conditions, especially of the order of detention and functionality that apply to the consortium agreement. In addition, the author paid attention to the contract of a consortium of EU legislation with the agreement on joint activities under the current legislation of Ukraine. Analysis of recent research and publication. Meanwhile, it should be noted that various aspects of EU legislation in the field of innovation paid attention to the writings of such domestic scientists as G. A. Androschuk, I. A. Halytsia, A. P. Orlyuk, A. L. Pritykin, S. F. Revutsky, O. Sviatotskyi, J. M. Stasiuk, foreign – Rumpf, D. Stragelove, K. VL Yama, K. Halme, Avigdor, H. Leo. The harmonization of intellectual property rights in the conditions of innovative development quite often in his work pays attention.In. Gachkevich, J. M. Capita, M. V. Pushkar. Article’s main body. The main contractual forms used during work on research and development under the European framework programs are the grant agreement and the consortium agreement. Only after registration and signing is cooperation with the project participants. Consortium Agreement requires the establishment or registration of a legal entity in the EU, a temporary form of activity (for the period of the project), which provides a common purpose in the research project by combining experience, knowledge, effort, including labor, intellectual , manufacturing and others.Thus, the form specified activities in the field of research and development in the EU is a necessary form of association not only for funding but also an important organizational form for a number of participants. In Ukraine, a consortium agreement in national legislation complies agreement on joint activities, but due to a lack of legislation, not very widely used in the public sector. Conclusions and prospects for the development. Despite terminological differences in the names used in the legislation of Ukraine and the EU, the consortium agreement of EU and the agreement on joint activity are identical in content and have equally functional orientation. This type of contract is seen at appropriate greater use of national legislation for the organization and implementation of joint research projects, funding for science and innovation projects between co-executants of state research programs if necessary to attract participants for several large-scale national projects

Authors and Affiliations

D. I. Adamjuk

Keywords

research innovation joint operating agreement the consortium agreement.

EP ID EP454631
DOI -
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