Technology Transfer Agreement

SCOPE OF TTAs

Under the GIPC 2013 ACT 865, the Ghana Investment Promotion Centre (GIPC) is responsible for registering, monitoring, tracking and renewal of all registered Technology Transfer Agreements (TTAs) in Ghana. TTA applies to only services and not goods. TTAs must be between a Ghanaian incorporated company termed as a transferee and a foreign based company known as the transferor. All the following generally constitutes technology transfer:

diagrams, models, and formulae.

standards, specifications, processes, methods, trade practices and secrets.

• Any industrial property rights including trademarks and trade names.
• Technical service/ expertise including feasibility studies, plans,
• Managerial service which includes corporate planning and strategy.
• Know-how services (confidentially held expert knowledge or skill) e.g.,

TERMS OF TECHNOLOGY TRANSFER

schedule.

years for renewal.

retrospectively but begins on date of GIPC approval.

• Services provided must not be readily available in Ghana.
• There must be provision of training by transferor through a training
• Taxes on royalties should be payable by transferor.
• Services to be provided must be fully described.
• Duration: 18 months – 10 years for initial registration, 18 months – 5
• Effective date of TTA is date of registration and does not apply
• Fees are to be stated within thresholds of net revenue.
• Governing law of TTA is the law of Ghana.

REGISTRATION PROCESS

To apply, the company has to fill the Registration of Technology Transfer Agreement Form GIPC/T1 and attach to it the documents listed below for submission:

Page1 • Three original/ certified copies of the TTA

duration, purpose of training and the category of staff to be trained.

agreement.

• Certified true copy of certificate of incorporation and regulation
• A detailed training schedule which contains the course content,
• A yearly forecast of fees to be transferred during the term of the
• Evidence of industrial property registrations if applicable
• Audited accounts for the two (2) most recent years of the transferee
• Proof of GIPC registration/ certificate.

RENEWAL PROCESS

TTA renewals do not come automatically but are subject to justification from transferee which GIPC retains the discretion to process or turn down the application. Additional Documents for Renewal Process:

• Proof of training delivery.
• Justification for renewal
• Challenges to assimilation of technology
• Proof of receipt of services
• Proof of payment as per registered TTA.
• Technology adopted, absorbed or improved by transferee.

PENALTIES FOR NON-REGISTRATION OF TTAs

Not registering a TTA constitutes a criminal offence and is liable to a summary conviction. The GIPC reserves the right to suspend, revoke or cancel the registration and advise the Bank of Ghana to suspend and any incentives granted to the company.

EXTERNAL LINKS

External Links (QR codes vers L3)

• Registration Form Registration Form TTA GIPC Guidelines
• GIPC/T1 GIPC T1 Guidelines