Abdul Muhammed Law Practice
Abdul Muhammed Law Practice discusses all aspects of registering technology agreements with NOTAP.
Introduction
It is crucial to understand the requirements and procedures for registering technology agreements in Nigeria. Below are key aspects and terms associated with NOTAP’s registration process.
- Registration requirements for NOTAP
To initiate the registration process, submit your technology transfer agreements to NOTAP for analysis and comments.
The pre-execution evaluation, known as Technical Advisory Service (TAS), aims to enhance agreement standards before execution.
It is advisable to seek proper guidance from NOTAP on technology transfer agreements before concluding and executing them.
- Presentation fee for NOTAP
NOTAP’s presentation fee can be paid through their portal to generate a Remita Retrieval Reference (RRR) for fee payment.
Note that while this guideline references manual form completion, an automation process is in progress.
- What is a NOTAP Agreement?
A NOTAP agreement is a technology transfer agreement that facilitates the transfer of technology from a foreign partner to a Nigerian entity.
These agreements are subject to NOTAP’s evaluation and registration.
- Benefits of NOTAP
NOTAP plays a vital role in ensuring that technology transfer agreements are fair, beneficial, and in compliance with Nigerian laws.
It promotes the domestication of skills, local value addition, and research activities in collaboration with Nigerian educational institutions.
- NOTAP Act and the National Office for Technology Acquisition and Promotion (NOTAP)
NOTAP operates under the NOTAP Act, which empowers it to regulate and promote the acquisition of foreign technology by Nigerian entities.
NOTAP is the National Office for Technology Acquisition and Promotion responsible for overseeing technology transfer agreements.
- NOTAP registration evaluation criteria
NOTAP evaluates agreements based on various criteria, including:
Scope of technology acquisition.
Clear specification of services.
Training details.
Involvement of expatriates.
Local Value Addition (LVA).
Transparency in remittances and technology fees.
Compliance with Nigerian laws.
Provisions for research activities.
Consideration of the domestication of technology.
Evidence of intellectual property registration.
Special considerations for specific sectors.
- Verification standards
NOTAP may seek verification from relevant agencies during registration.
Verification includes tax clearance, remittances, professional memberships, and more.
- General application requirements
All applications for registration/renewal of technology transfer agreements must adhere to these requirements, including submission of essential documents and fees.
- Important terms of your agreement
Technology transfer agreements registered with NOTAP must:
Explicitly grant rights for technology use and exploitation.
Define clear contract terms.
Specify capacity building, local taxes, and research activities.
Differentiate between imported and locally produced products.
Address arbitration in Nigeria for government contracts.
Promote the domestication of technology.
Include provisions for local raw materials, skill acquisition, and skills transfer.
- Unique cases
Special cases, such as technology transfer in the telecom sector or packaging, have specific considerations.
Technology fees for packaging should be tied to profit before tax.
- Capital importation and expatriate Details
Provide evidence of capital importation for wholly foreign-owned companies.
Submit details of expatriates, including immigration documents and proof of skill unavailability in Nigeria.
- Board resolution and documentation
A Board Resolution authorizing the agreement is required.
Original copies of annual accounts should be submitted (not photocopies).
- Trademark license agreement for telecom sector
No Trademark License Agreement is allowed in the telecom sector as determined by the Nigerian Communications Commission (NCC).
- Compliance with Nigerian Laws
NOTAP will reject agreements that do not prioritize Nigeria’s technological interests and integrity or contravene Nigerian laws.
- Registration process
Registering a technology transfer agreement involves pre-execution and post-execution evaluation by NOTAP, ensuring compliance with Nigerian regulations and optimizing technology transfer for the benefit of Nigeria’s development.
Please note that these guidelines provide a comprehensive framework for registering technology agreements with NOTAP, helping you navigate the process effectively and legally.
Conclusion
Use this optimized presentation format as a reference for your work related to technology transfer agreements under the NOTAP Act in Nigeria.
Do you need a lawyer to help you with registering technology agreements with NOTAP?
