Emmanuel Osei, Esq, Head of the Technology Transfer Agreement Department at the Ghana Investment Promotion Centre (GIPC), has described the pending Ghana Investment Promotion Authority (GIPA) Bill 2025 as a major step toward improving the nation’s technology transfer framework.
The GIPA Bill 2025 is designed to create a more responsive and efficient framework to regulate Technology Transfer Agreements (TTA) and to promote, facilitate, and regulate technology transfers in Ghana, Osei explained. He made these remarks during a recent webinar organized by the United Kingdom Ghana Chamber of Commerce (UKGCC), titled “Technology Transfer Agreements: Updates and Changes.” Theophilus Tawiah, Managing Partner of WTS Nobisfields, moderated the session.
Osei outlined the current regulatory landscape and detailed how the proposed legislation will transform technology transfer administration. Among the most significant reforms is a collaboration with banking institutions to ensure that only valid, registered TTAs are used for foreign exchange remittances.
Currently, banks are not legally compelled to verify TTA certificates before transfers, he noted. The new law will change that by placing direct responsibility on them to authenticate certificates with GIPC before processing payments. This measure aims to close regulatory gaps and protect local companies from unauthorized fee arrangements.
The Bill also permits backdating of agreements submitted within 30 days of execution and introduces penalties for late submission. This provision will remove one of the biggest frustrations companies face: the inability to pay accrued fees when services have already been rendered, Osei pointed out.
Technology transfer refers to the transfer of industrial property rights, technical support or assistance services, technical know how, or management services between a foreign entity and a Ghanaian company. When an agreement is registered, GIPC can monitor, evaluate, and ensure fees remain within the permissible range while confirming that the local company benefits from the transfer of knowledge, Osei said.
The agreement represents more than a legal formality. It serves as the bridge through which knowledge, innovation, and capital flow into the economy. Yet many businesses still struggle to navigate the complex process of registering their agreements with GIPC.
Addressing this challenge, Osei reaffirmed the Centre’s commitment to simplifying procedures and modernizing its legal framework to attract greater foreign investment. GIPC management has established a new department specifically for technology transfer administration with the goal of expediting the application process, he revealed.
The newly created TTA Department is improving efficiency and reducing approval times from eight weeks to four. We no longer just send letters; we invite applicants for meetings to discuss issues before sending formal feedback, Osei added. This personalized approach marks a departure from the previous bureaucratic model.
Previously, businesses were required to submit a detailed set of documents including a draft agreement, company certificates, training schedules, fee forecasts, and evidence of industrial property ownership. Recognizing that some requirements may pose challenges for new companies, GIPC has introduced greater flexibility. If a company doesn’t have five years of audited accounts, they can submit a feasibility plan instead, he clarified.
Osei urged businesses to pay close attention to the governing law and training clauses in their contracts. A technology transfer agreement must be governed by the laws of Ghana and include a clear provision for training local staff, he stressed. That is what ensures true knowledge transfer, not just payment of fees.
He cautioned against restrictive clauses such as grant back or exclusivity terms, which are not acceptable under Ghanaian law. These provisions can undermine the developmental goals of technology transfer by limiting local companies’ ability to build independent capacity.
Tawiah, the webinar moderator, emphasized that clarity and consistency in compliance should not be seen as a hurdle but as an enabler of investment confidence. The more transparent our systems are, the easier it becomes for investors to trust the process and for local businesses to benefit, he observed.
The webinar formed part of the UKGCC’s Mandatory Regulatory Compliance Series, which supports the organization’s broader mission to foster dialogue between the private sector and regulatory bodies. The UKGCC was established in 2016 with support from the United Kingdom’s Department for Business and Trade (DBT) to promote trade between the two nations.
The Chamber is backed by the British and Ghanaian Governments through the British High Commission in Accra, the British Chambers of Commerce (BCC) in the United Kingdom, and the Ministry of Trade and Industry in Ghana. UKGCC is a two time BCC International Chamber of the Year finalist and won the 2023 BCC International Chamber of the Year award.
Source: newsghana.com.gh
