Technology Transfer Agreements
In Ghana, Technology Transfer Agreements are entered into between enterprises in Ghana (referred to as the Transferee) and enterprises outside Ghana (referred to as the Transferor).The duration of the Agreement must be between eighteen (18) months and ten (10) years. For renewal applications, the duration of a technology transfer agreement must not exceed five (5) years.
Every technology transfer agreement in Ghana must abide by and be compliant with the following laws: The Ghana Investment Promotion Centre Act, 2013 (Act 865) and The Technology Transfer Regulations, 1992 (L.I. 1547).
Under the GIPC Act 865, Technology Transfer Agreements are categorized into four (4) main forms:
- Industrial Property Rights (e.g. licenses, trademarks, trade names)
- Provision Technical Services/Assistance (e.g. feasibility studies, plans, diagrams, models instructions guides)
- Provision of technical know-how to acquire , install, use machinery, equipment , goods etc
- Provision of Management Services
NB: All Technology Transfer Agreements must be reviewed and registered by the Ghana
Investment Promotion Centre in accordance with the Act 865.
TTA Registration
Requirements for TTA Registration
Download GIPC's TTA registration form. Complete it and attach the following:
- Certified true copy (by the Registrar-General's Department) of Certificate of Incorporation
- Three original/certified true copies (by a Notary Public) of the agreement to be registered
- A detailed training schedule
- A yearly forecast of fees payable to the transferor per annum for the duration of the Agreement
- Certified true Copy (by the Registrar-General's Department or a Notary Public) of Industrial property registration(s) if applicable.
- Certified Audited Financial Statements for the five (5) most recent years of Transferee company
- Certified true copy (by the Registrar-General's Department) of Company Regulations
- Cover letter from the applicant addressed to the CEO of GIPC
Payment of Processing Fee
Pay applicable processing fees by banker’s draft in the name of GIPC and submit the banker’s draft to the Finance Division of GIPC.
Submission of Application
Submit completed form, required documentation stated on the TTA form and proof of payment to the front desk of GIPC, under a cover letter addressed to the CEO of GIPC.
If not compliant
If submitted application does not comply with the Act 865 and the L.I 1547, the application is returned to the applicant together with a letter stating the areas of non-compliance and steps to be taken to ensure compliance.
- Applicants are provided with specific deadlines to resubmit an amended application or formally request an extension. Failure to adhere to these timelines will result in the closure of the current application, necessitating the submission of a new application and the payment of a fresh processing fee.
If Compliant
Once the submitted application is compliant with Act 865 and L.I. 1547:
- The forecast of fees is analyzed to determine the applicable approval fees. The Applicant is then formally notified of the total amount payable to the GIPC as approval fees.
- The approval fees are payable either by Banker’s Draft or direct bank transfer.
- Evidence of the payment must be submitted to the GIPC for verification.
- Upon confirmation of payment, the Technology Transfer Agreement is officially registered, and the GIPC issues the Certificate of Registration.
- GIPC approval letter is dispatched to the Bank of Ghana, the Ghana Revenue Authority, and the client, officially completing the registration process.
Renewal of the Registration of TTAs
Upon expiration of a registered technology transfer agreement, an investor must apply to GIPC to renew the agreement if they wish to continue receiving services from the technology supplier.
Requirements for TTA Registration Renewal
Download GIPC's TTA renewal registration form. Complete it all the documents stated in the form including the following:
- Proof of the provision of the service(s) under the previous Agreement.
- Written confirmation from certified auditors that fees transferred by the Transferee to the Transferor under the registered Agreement for the period were compliant with provisions of the Technology Transfer Agreement.
- Certified Audited Financial Statements covering the duration of the Agreement
- Technology adopted or assimilated by the Transferee under the previous Agreement
- Challenges to full assimilation of the technology and the estimated period it will take the Transferee to completely assimilate the technology.
- Justification for the renewal of the Agreement.
- Training programmes organized for personnel of the Transferee under the previous Agreement.
Payment of Processing Fee
Pay applicable processing fees by banker's draft in the name of GIPC and submit the banker’s draft to the Finance Division of GIPC.
Submission of Application
Submit completed form, required documentation stated on the TTA form and proof of payment to the front desk of GIPC, under a cover letter addressed to the CEO of GIPC.
If Compliant
Once the submitted application is compliant with Act 865 and L.I. 1547, the application is forwarded to the sector regulator of the applicant for approval. Upon receipt of the approval of the sector regulator:
- The forecast of fees is analyzed to determine the applicable approval fees. The Applicant is then formally notified of the total amount payable to the GIPC as approval fees.
- The approval fees are payable either by Banker’s Draft or direct bank transfer.
- Evidence of the payment must be submitted to the GIPC for verification.
- Upon confirmation of payment, the Technology Transfer Agreement is officially registered, and the GIPC issues the Certificate of Registration.
- GIPC approval letter is dispatched to the Bank of Ghana, the Ghana Revenue Authority, and the client, officially completing the registration process.
If not compliant
If submitted application does not comply with the Act 865 and the L.I 1547, the application is returned to the applicant together with a letter stating the areas of non-compliance and steps to be taken to ensure compliance.
- Applicants are provided with specific deadlines to resubmit an amended application or formally request an extension. Failure to adhere to these timelines will result in the closure of the current application, necessitating the submission of a new application and the payment of a fresh processing fee.
Technology Transfer Agreements (TTAs) Resources
FAQs
TTAs are agreements relating to the provision of industrial property services, management services, technical assistance/ support or know-how services by an enterprise outside Ghana (Transferor) to an enterprise inside Ghana (Transferee) for a fee.
Examples include inter-company agreements, service level agreements, license agreements, know-how agreements, technical agreements and management services agreements.
Per section 32(c) Of Act 865, fees and royalties payable under TTAs shall only be transferred under TTAs registered by the GIPC.
Non-compliance with the requirement of registration of TTAs is an offence under section 40 of Act 865, and an enterprise found culpable is liable upon a summary conviction to a fine, and possible additional sanctions.