NATIONAL OFFICE FOR TECHNOLOGY ACQUISITION AND PROMOTION ACT

Section 6: Registration.

1979Section 6 of 23Federal Republic of Nigeria

(1) Where the director is satisfied that none of the specifications mentioned in subsection (2) of this section has been contravened he shall issue the applicant therefor a certificate in such form as may be prescribed.
(2) The Director shall not register any contract or agreement where he is satisfied that it falls within any of the following specifications, that is to say-
(a) where its purpose is the transfer of technology freely available in Nigeria;
(b) where the price or other valuable consideration therefor is not commensurate with the technology acquired or to be acquired;
(c) where provisions are included therein which permit the supplier to regulate or intervene directly or indirectly in the administration of any undertaking belonging to the transferee of the technology and are, in his opinion, unnecessary for the due implementation or execution of such contract or agreement;
(d)
where there is an onerous or gratuitous obligation on the transferee of the technology to assign to the transferor or any other person designated by the transferor, patents, trademarks, technical information, innovations or improvements obtained by such transferee with no assistance from the transferor or such person;
(e) where limitations are imposed on technological research or development by the transferee;
(f) where there is an obligation therein to acquire equipment, tools, parts or raw materials exclusively from the transferor or any other person or given source;
(g) where it is provided that the exportation of the transferee's products or services is prohibited or unreasonably restricted or where there is an obligation on such transferee to sell the products manufactured by it exclusively to the supplier of the technology concerned or any other person or source designated by the transferor;
(h) where the use by the transferee of complementary technologies is prohibited;
(i) where the transferee is required to use permanently or for any unconscionable period personnel designated by the supplier of the technology;
(j) where the volume of production is limited for sale and where resale prices are, in contravention of the Price Control Act or any other enactment relating to prices, imposed for domestic consumption or for exportation;
(k) where the transferee is required to appoint the supplier of technology as the exclusive sales agent or representative in Nigeria or elsewhere;
(l) where the contract or agreement is expressed to exceed a period of ten years or other unreasonable term where this is less than ten years;
(m) where the consent of the transferor is required before any modification to products, processes or plant can be effected by the transferee;
(n) where an obligation is imposed on the transferee to introduce unnecessary design changes;
(o) where the transferor, by means of quality controls or prescription of standards, seeks to impose unnecessary and onerous obligations on the transferee;
(p) where there is provision for payment in full by the transferee for transferred technology which remains unexploited by him;
(q) where there is a requirement for the acceptance by the transferee of additional technology or other matter, such as consultancy services, international sub-contracting, turn-key projects and similar package arrangements, not required by the transferee for or in connection with the principal purpose for which technology is to be or has been acquired by him;
(r) where the transferee is obliged to submit to foreign jurisdiction in any controversy arising for decision concerning the interpretation or enforcement in Nigeria of any such contract or agreement or any provisions thereof.
(3) Notwithstanding the foregoing provisions of this section, in any case where the Council is satisfied that it would be in the national interest so to do, it may direct the Director to issue a certificate to an applicant notwithstanding any convergence between the terms and conditions of a contract or agreement and the specifications laid down in subsection (2) of this section.
(4) Where the parties, on the direction or advice of the Director, subsequent to a refusal by the Director to issue a certificate of registration, make required adjustments in respect of any contract or agreement or terms and conditions thereof, the Director may issue the requisite certificate of registration.

Cite this section

Section 6, NATIONAL OFFICE FOR TECHNOLOGY ACQUISITION AND PROMOTION ACT (1979).

https://repo.podus.ai/laws/national-office-for-technology-acquisition-and-promotion-act/section/6/