Technological rules and technological state–of–the–art: analysis, facts and problems

In everyday language the terms 'technologicial state–of–the–art' and 'technological rules' appear to be very clear concepts. But such an assumption is incorrect. An analysis of these concepts may produce rather different points of view, depending on whether the problem or issue is approached by a technologist, by a lawyer, or perhaps by a businessman. Technological provisions are generally vague legal concepts, and their application in various legal regulations repeatedly raises problems with respect to the legal principle of the Austrian Constitution or equivalent fundamental laws. Even when applied by the courts or administrative authorities these concepts or terms tend to be complex and indefinite, which demonstrates the discrepancy between clearly defined or apparently identical terms in certain technical fields and the actual contents of the respective regulations. Since the same linguistic expressions are frequently applied to concepts which are differently interpreted in the fields of technology in the narrow sense of the word, economic technology, business contract law, as well as by the courts and the government, it seems justifiable to try to illustrate these problems in order to recognize and perhaps avoid misunderstandings and wrong decisions with all their consequences.