Technology transfer Agreements in India

Technology

Exponential Growth of Technology in India has played a significant role in all round development and growth of economy in our country . Technology can either be developed through own research and development or it can be purchased through indigenous or imported sources. India has opted for a judicious mix of indigenous and imported technology. Purchase of technology is commonly called “Technology transfer” and it is generally covered by a technology transfer agreement.

‘Technology transfer’ means the use of knowledge and when we talk about transfer of the technology, we really mean the transfer of knowledge by way of an agreement between the states or companies. ‘Transfer’ does not mean the movement or delivery; transfer can only happen if technology is used. So, it is application of technology and considered as process by which technology developed for one purpose is used either in different applications or by a new user.
Technology generally would comprise the following elements:

• Process Know how
• Design Know how
• Engineering know how
• Manufacturing know how
• Application Know how
• Management know how

Policy for foreign technology agreements

RBI accords automatic approval to all industries for foreign technology collaboration agreements subject to-

• The lump sum payments not exceeding US $ 2 million.
• Royalty payable being limited to 5 per cent for domestic sales and 8 percent for export, subjected to a total payment of 8 per cent on sales over 10 year period.

Payment of royalty up to 2 per cent for export and 1 per cent for domestic sales is allowed under automatic route on use of trademark and brand name of the foreign collaborator without technology transfer. In case of technology transfer, payment of royalty subsumes the payment of royalty for use of trademark and brand name of the foreign collaborators.
Payment of royalty up to 8 per cent for export and 5 percent on domestic sales by wholly owned subsidiaries (WOS) to offshore parent companies is allowed under the automatic route without any restriction on the duration of royalty payments
All other proposals for foreign technology agreements not meeting the parameters for automatic approval are considered on merit by the Project Approval Board (PAB).This
is chaired by the secretary, department of Industrial Policy and promotion, Ministry of Commerce and Industry.

Procedure for approvals- Technology transfers by SIA

All others proposals of foreign technology agreement, not meeting the any or all of the parameters for automatic approval, are considered for approval, on merits, by the Government.
Applications in respect of such proposals should be made submitted in form FC/IL (SIA) to the secretariat for Industrial Assistance, Department of Industrial Policy Promotion, Ministry of Industry, Udyog Bhawan, New Delhi. No Fees is payable. Approvals are normally available within 4 weeks of filing the application.

Scope for foreign collaboration

Government of India issues from time to time lists of Industries “where foreign investment may be permitted”. The list so issued is illustrative only. No doubt, a broad technology base has been created in the country, yet a need to update the production technology may arise due to constant technological advancements in developed countries .Government of India (foreign investment Promotion Board) may consider import of technology