REGISTRATION OF TRANSFER OF FOREIGN TECHNOLOGY AGREEMENTS WITH NOTAP IN NIGERIA: SOFTWARE LICENCE AS A CASE STUDY

Abstract

Software is an intangible component of a computer that dictates what the computer does. It is found in computers of all kinds including mobile devices like mobile phones. Most software utilised in Nigeria are foreign in nature and usage of these software is usually subject to a software licence, that is, an agreement between a software developer and a software user detailing the terms of usage of a software. The National Office for Technology Acquisition and Promotion (NOTAP) regulates the transfer of foreign technology to Nigeria, requiring that such agreement (the software licence in this case) be registered with NOTAP. The aim of the study is to evaluate software licences as a transfer of technology agreement registrable under the NOTAP Act 1992. This was done by examining the concept of software licence and the provisions of the NOTAP Act applicable to software licence. The doctrinal research methodology was utilised, encompassing primary sources like statutes and case law as well as secondary sources like texts and online publications. The study finds that software licences are transfer of foreign technology agreements registrable under the NOTAP Act so long as they are for the purposes stipulated in section 4(d) of the Act. The paper recommends that the NOTAP Act be amended to empower NOTAP to regulate transfer of Nigerian technology to foreign countries.