Regulación de los contratos de transferencia de tecnología, licencia y know how en el sector solidario colombiano

Abstract

When it comes to technology, no sector of the Colombian economy could ignore it, and it is common to see how this science penetrates the different organizational and administrative processes of any type of Entity, thanks to the existence of interest in constant evolution, in the development of knowledge, in the need for excellent operational management in this sector (Solidarity Economy) and in general in the business world, which generate a scenario for the study and analysis of the best alternatives for its application and operation.

Its wide concentration and need in the market and in society, leads to technology being a very broad topic of study, therefore, as a framework for the development of this article has raised the transfer of technology, establishing its importance, interference and application within the solidarity economy sector; system integrated mainly by Cooperatives.

Technology will be analyzed from a conceptual point of view and as a source of transformation from the beginning of the history of humanity, in which it is shown that man has always felt the need to create and innovate, since he produced countless solutions of life with stone, fire, copper, bronze and inventions that marked the evolution of man as the wheel, development in agriculture, architecture and literature mainly, even in an extraordinary way to reach the creation of applications, products, equipment, devices and infrastructure and technological developments that facilitate access to information and permanent communication, eventually mutating all this, to the technology market or trade; situation or fact that has been called transfer of technology and that has triggered that main economic and commercial operations in the business world are framed in the legal business called technology transfer contract, within which, its importance will be demonstrated in the sector of solidarity economy, and that of law as a regulatory framework, still pending development, both in Colombia and in many countries of the world. The transfer of technology, involves a movement between the valuable asset that is the technology itself, a provider or company that works commercially with that technology and a subject (person, society, company) that acquires the technology, canceling the value or price what is equivalent to the technological service, and this is how we are facing the imminent need to carry out technology transfer contracts, through which the proposed movement is formalized, which in this article will cover the typology of the license and transfer agreement of Know how the first, with which it is intended to authorize the exploitation of a protected work, and the second as that contribution of industry or work framed in a knowledge; establishing a broad concept about these and the main characteristics to address their importance and economic function within the sector of the solidarity economy.

The license and transfer of Know how contract becomes a fundamental piece for the development and correct operation of businesses, and they develop a relevant economic function in the Colombian solidary sector, being closely linked to the fulfillment of social and cultural principles; rectors of this sector, principles that generate activities and functions that require having the appropriate and sufficient technology that allows the fulfillment of the purposes of the entities that make up the solidary sector, for its effective development within the economy of the country.

The nature of its importance lies mainly in the need for companies and the solidarity sector in general to operate and organize effectively in all its areas, from internal administration to the valuable provision of social, economic, cultural, and labor services, among others; need based on technological development that has been recognized by the Colombian State and that is part of the subjects subject to control and surveillance by the latter, through the Superintendency of Solidarity Economy, due to its importance and fundamental character for the development of its purposes and principles. By virtue of the investigation and consultation on the different operations carried out by the entities of the solidarity sector and on the services they provide, the exercise of an economic function in technology transfer contracts is determined, correctly concluding that in order to fulfill its purposes and main activities, it is necessary to implement the necessary technology that generates impact and added value for workers, users or associates of cooperatives and society in general. Without the execution of these, the protection, promotion and strengthening of normative character in favor of the community and especially of the popular classes could not be guaranteed by the State.

The foregoing, without neglecting that, despite the innumerable advantages that the contracting and execution of licenses and know-how transfer bring, there are certain aspects that generate risk that must be monitored and controlled by the transfer providers. of technology, and critical aspects of the contract that deal mainly with clauses that are incorporated into it, which unfortunately lack applicable regulations in the event of a conflict.

After the analysis of important aspects that revolve around the transfer of technology, we proceed to a research proposal that, being a documentary contribution to knowledge, hopes to reach levels of interpretation on the causes that encourage to expand the regulation of the application of technology in Colombia and institutionally and politically review the ways to transfer technology in order to record its relevance in a contracting regime that does not contradict its purposes.

If companies or entities of a public or private nature in Colombia, wish to create technological innovations, they must have the suitable technologies and proportional to their corporate purpose, which is usually derived from external sources, which is nothing else than the collaboration of suppliers for its acquisition or development, which becomes technology transfer.

According to the above, it is significant to talk about the process of institutional and regulatory development of Science and Technology in Colombia, a development that has not generated the expected results and is poor in the face of the growing activity of this science, which, by linking it with The legal regime applicable to the Solidarity Sector does not reflect its importance in relation to the operations and technological requirements that this sector requires, since it is recognized worldwide as one of the largest socioeconomic movements that has immersed fundamental characteristics that have a universal presence, inclined towards satisfaction of different needs of humanity and aspirations of partners or users in different aspects, among which the economic and social.

By virtue of the level of importance of the solidary economy worldwide, the law is initially compared from the point of view of technology; advances and main powers that lead their production, promoting the development of societies and their economic growth. In accordance with the behavior of Technology, the Solidarity Economy Movement is proposed at the international level, in order to recognize the universal impact of both. The first, as a development engine and the second considered as the third sector of the economy. In order to address the subject matter of study to the Colombian regime, previously established rates of technological production in Latin American countries, which is almost zero due to the lack of incentives and infrastructure to promote the creation, innovation and technological development itself .

For the previous, countries like Colombia are in need of technology transfer contract, and implement it in different sectors, as it is in the solidary sector, fundamental for its vision towards social and essential aspects that intend to contribute to the integral development of the human being ; vision that has been violated, given the deviation from the aims of the solidarity economy and the realization of activities that are not directly related to the functions of the Cooperatives.

The Cooperativism born in the world in the second half of the XIX century constitutes a social experience, which in Colombia had a great apogee around 1970, but then, at the end of the last century suffered a deep crisis from which it has been difficult to recover and what has been said, was induced. Its effect constitutes a reason for study in the present work.

The situations outside the cooperative composition nature, have led the government to make decisions to combat certain abuses, cooperative crises and forms of corruption, which, by solving a social complexity, generates contradictions and impractical effects in the hiring regime provided by law to transfer technology.