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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

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
    • Registration form
    Registration
    Payment
    Payment of Processing Fee
    Pay applicable processing fees by banker's draft in the name of GIPC and submit the draft to the finance division of GIPC.
    Fee structure
    Payment
    Submission of Application
    Submission of Application
    Submit completed form, attached documentation and proof of payment to the front desk of GIPC, addressed to the CEO of GIPC.
    Submission of Application
    Compliance Status
    If not compliant
    If submitted application does not comply with the GIPC Act and the technology transfer regulations, 1992 (L.I 1547), the agreement is returned to the applicant together with a letter stating the areas of non-compliance

  • At this point the applicant is given two(2) months to revert with an amended application or a request for an extension of time otherwise the application will be closed, requiring the applicant to submit a fresh application together with the payment of the processing fee.
    • Compliance Status
    Compliance Status
    If Compliant
    If submitted application complies with the GIPC Act and the technology transfer regulations, 1992 (L.I 1547), forecast of fees is analysed to determine the applicable approval fees.
  • Applicant is notified of the approval fees payable to GIPC either by banker's draft or direct bank transfer.
  • Evidence of payment of approval fees must then be submitted to GIPC
  • The agreement(s) is/are registered
  • Certificate is issued by GIPC
  • GIPC approval letter(s) is/are sent to Bank of Ghana, Ghana Revenue Authority and the client to complete the process
    • Compliance Status

    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.

    Registration
    Requirements for TTA Registration Renewal
    Download GIPC's TTA renewal registration form. Complete it and attach the following:
  • All documents required for TTA registration as stated in the TTA registration timeline above.
  • 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
    • Renewal Registration form
    Registration
    Payment
    Payment of Processing Fee
    Pay applicable processing fees by banker's draft in the name of GIPC and submit the draft to the finance division of GIPC.
    Fee structure
    Payment
    Submission of Application
    Submission of Application
    Submit completed form, attached documentation and proof of payment to the front desk of GIPC, addressed to the CEO of GIPC
    Submission of Application
    Compliance Status
    If Compliant
    If submitted application complies with the GIPC Act and the technology transfer regulations, 1992 (L.I 1547), the application is forwarded to the sector regulator of the applicant for approval.
  • Forecast of fees is analysed to determine the applicable approval fees.
  • Applicant is notified of the approval fees payable to GIPC either by banker's draft or direct bank transfer.
  • Evidence of payment of approval fees is then submitted to GIPC
  • The agreement(s) is/are registered
  • Certificate is issued by GIPC
  • GIPC approval letter(s) is/are sent to Bank of Ghana, Ghana Revenue Authority and the client.
    • Compliance Status
    Compliance Status
    If not compliant
    If submitted application does not comply with the GIPC Act and the technology transfer regulations, 1992 (L.I 1547), the agreement is returned to the applicant together with a letter stating the areas of non-compliance

  • At this point the applicant is given two(2) months to revert with an amended application or a request for an extension of time otherwise the application will be closed requiring the applicant to submit a fresh application together with the payment of the processing fee.
    • Compliance Status

    Legal Resources

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    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.

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