Technology Transfer Administration In Ghana.

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 provisions of every technology transfer agreement in Ghana must conform to and are governed by the following laws:

The Ghana Investment Promotion Centre Act, 2013 (Act 865) The Technology Transfer Regulations, 1992 (L.I. 1547). Under Act 865, all Technology Transfer Agreements must be reviewed and registered by the Ghana Investment Promotion Centre, which is the agency of the Ghanaian government responsible for among others, the registration and monitoring of all technology transfer agreements in Ghana.

CATEGORIES OF TECHNOLOGY TRANSFER AGREEMENTS

Act 865 categorizes Technology Transfer Agreements into four (4) main forms:

Agreements covering Industrial Property Rights Agreements for the provision Technical Services/Assistance Agreements covering the transfer Know-How Agreements for the provision of Management Services Agreements Covering Industrial Property Rights These Agreements generally relate to the assignment, sale and licensing of all forms of industrial property such as licenses, trademarks, trade names, service marks, utility models and patents.

Agreements for the provision of Technical Services/Assistance These Agreements generally relate to the provision of technical expertise e.g. feasibility studies, plans diagrams, models instructions, guides or formulae.

Agreements covering the transfer of Know-How These agreements generally relate to the provision of technological knowledge necessary to acquire, install and use machinery, equipment, intermediate goods or raw materials which have been acquired by purchase, lease or other means.

Agreements for the provision of Management Services These Agreements generally cover services related to the day-to-day management of a Ghanaian enterprise by a foreign enterprise.

ALLOWABLE FEES FOR TECHNOLOGY TRANSFER AGREEMENTS

L.I. 1547 sets out range of fees that a Transferor can charge for services being provided to the Transferee. The range of fees depends on the kind of services that are being provided under a technology transfer agreement. These are as follows: Technology Transfer Type Allowable Fees Industrial Property Rights 0-6% of Transferee's Net Sales Technical Services and Know-How 0-5% of Transferee's Net Sales Technical Services only 0-3% of Transferee's Net Sales Know-how only 0-2% of Transferee's...