Emmanuel Osei, 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 Ghana’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,”

Speaking during a UK-Ghana Chamber of Commerce (UKGCC) webinar, “Technology Transfer Agreements: Updates and Changes,” moderated by Theophilus Tawiah, Managing Partner of WTS Nobisfields, Osei outlined Ghana’s current regulatory landscape and explained how the Ghana Investment Promotion Authority (GIPA) Bill 2025 will transform technology transfer administration.

Among the key reforms are efforts to collaborate with banks 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 said. “The new law will change that by placing direct responsibility on them to authenticate certificates with GIPC before processing payments,” Mr. Osei pointed.

The Bill also allows 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,” he noted.

Simplifying the Registration Process

Technology Transfer refers to the transfer of industrial property rights, technical support/assistance services, technical know-how, or management services between a foreign entity and a Ghanaian company.

Mr. Osei remarked, “When an agreement is registered, we can monitor, evaluate, and make sure fees are within the permissible range and that the local company benefits from the transfer of knowledge.”

The agreement is, therefore, more than a legal formality. It is the bridge through which knowledge, innovation, and capital flow into Ghana’s economy.

Yet many businesses still struggle to navigate the complex process of registering their agreements with the GIPC.

Addressing this challenge, Osei reaffirmed the Centre’s commitment to simplifying the process and modernising its legal framework to attract greater foreign investment.

“Now the GIPC management has set up a new department for the technology transfer administration with the aim of expediting the application process,” he explained.

He noted that the GIPC’s newly established 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,” he said.

Hitherto, to register a TTA, 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.

However, recognising that some requirements may pose challenges for new companies, the GIPC has introduced greater flexibility. “If a company doesn’t have five years of audited accounts, they can submit a feasibility plan instead,” Mr. Osei remarked.

Common Pitfalls and Practical Guidance

Mr. 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 said. “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.

Mr. Tawiah, the webinar moderator, added 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 is for investors to trust the process and for local businesses to benefit,” he remarked.

The webinar, part of the UKGCC’s Mandatory Regulatory Compliance Series, supports the UKGCC’s broader mission to foster dialogue between the private sector and regulatory bodies.