Technology Transfer Approval in Nepal: Franchise, Licensing & Know-How

Published 4 min read Reviewed by Shrawan Kumar Yadav
Rojen Budha Shrestha
Rojen Budha Shrestha

AuthorAdvocate · Legal Analyst Specialist · Lead Researcher

Technology Transfer Approval in Nepal: Franchise, Licensing & Know-How

Technology-transfer approval is not a generic business-registration step. It is the foreign-investment route that can apply when a foreign provider supplies defined technology, brand rights, know-how or services to a Nepal industry. It is particularly relevant to a foreign franchise, but the same framework can reach other licences and technical, management or marketing arrangements.

For the wider franchise decision, see franchise registration in Nepal. For a foreign-brand case, see the foreign franchise guide; for the investment context, see foreign direct investment in Nepal.

How to Get Technology Transfer Approval in Nepal

  1. Confirm the Nepal recipient industry.
  2. Identify exactly what the foreign provider is supplying: a franchise, trademark or licence rights, know-how, formula or process, technical services, management services, marketing services or another FITTA-supported technology-transfer right.
  3. Determine the competent approving authority.
  4. Prepare the technology-transfer agreement so it matches the actual transaction.
  5. Gather the Nepal recipient documents.
  6. Gather the foreign provider documents.
  7. Include trademark-registration evidence where the transfer includes a trademark.
  8. Submit the prescribed application and agreement with the supporting records.
  9. Respond to any authority clarification or document issue if required.
  10. Obtain the approval and preserve the approved agreement for later royalty and foreign-exchange use.

This is a high-level process only. The current DOI materials do not support assuming one filing channel or a universal end-to-end completion time.

When Is Technology Transfer Approval Relevant in Nepal?

Under FITTA section 2(f), technology transfer can include an agreement between an industry and a foreign investor concerning a patent, design, trademark, goodwill, formula or process, licence, know-how, technological knowledge including franchise, or foreign technical, management or marketing services and skills.

Technology-transfer approval is not a generic requirement for every business contract or every domestic licence. The parties, the Nepal recipient industry and the actual rights or services supplied determine whether the route is relevant. A foreign commercial arrangement should not be assumed to require DOI approval merely because it is cross-border.

What FITTA calls technology transfer

FITTA section 2(f) covers an agreement between an industry and a foreign investor concerning patent, design, trademark, goodwill, formula or process; use licence; know-how sharing or use of technological knowledge, including franchise; and foreign technical, management or marketing services and skills.

The definition is fact-sensitive. Describe what the provider will actually supply, who receives it and the industry context. Do not relabel an ordinary domestic contract as foreign technology transfer simply because it uses the word “franchise.”

Which authority approves it?

FITTA section 7 permits foreign investment through technology transfer to an industry established in Nepal. It says the agreement must state its terms and be approved by the foreign-investment approving body, which may impose necessary terms. FITTA sections 15–17 allocate DOI approval up to NPR 6 billion and Investment Board approval above that threshold.

The approval authority is only one part of the route. The operator still needs the legal and sector position for the underlying business. This guide does not turn an approval into a universal operating licence.

Documents DOI currently publishes

The DOI Citizen Charter for technology-transfer approval lists:

  • prescribed application;
  • original agreement between provider and recipient;
  • certified industry-registration certificate and approved-scheme copy (the approved-scheme copy is not needed for TTA renewal);
  • foreign individual provider’s passport, CV and certified technology-knowledge document, where applicable;
  • recipient industry board decision;
  • foreign company provider’s registration certificate, memorandum/articles, company decision and profile, where applicable; and
  • power of attorney and representative identification where used.

DOI also publishes a technology-transfer checklist. Where the technology transfer includes a trademark, that checklist calls for a valid trademark-registration certificate. Use the current Charter as the primary administrative checklist if materials differ.

Agreement content and amendment discipline

The agreement is the transaction record, not an attachment to draft later. It should identify the parties, technology or brand rights, commercial consideration, term, territory, responsibilities and records the parties will need to support. FITTA section 7 requires terms to be stated and prohibits royalty repatriation above the prescribed ceiling.

If a material term changes, assess whether the approval record must be amended or re-reviewed before relying on the old approval. The current DOI materials should be checked for the actual amendment/renewal transaction rather than assuming a universal document list.

Service standard and what it does not promise

DOI’s current Citizen Charter gives 3–7 days and free of charge for technology-transfer approval. This is a published administrative service standard. It does not guarantee that missing documents will be accepted, that a sector permission will issue, or that an NRB foreign-exchange facility will be completed within the same period.

From approval to royalty remittance

For foreign-currency royalty under a technology-transfer agreement, NRB’s published framework uses a Schedule 9 application based on the relevant approval or recommendation. Its technology-transfer evidence list includes DOI approval, the approved agreement, invoice and certified-auditor statement, alongside corporate, financial, tax and compliance records. Read franchise royalty and repatriation before a payment date is fixed.

Practical checklist

  1. Describe the foreign technology, franchise, mark, know-how and services precisely.
  2. Confirm the Nepal recipient industry and operating activity.
  3. Draft an agreement that matches the real transaction.
  4. Gather the current DOI Charter documents appropriate to the provider type.
  5. Verify trademark evidence where the transfer includes a mark.
  6. Keep the approved agreement, invoices and accounting evidence ready for later remittance.

Need help preparing the technology-transfer file? Technology-transfer approval support can help organise the published requirements for professional review.

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