NEC TSC: Who owns Intellectual property contained within an Accepted Plan?

NEC3 and NEC4 Contracts General
1

For a large TSC, with an outcome based Service Info, a Contractor’s plan can contain quite a bit of detailed methodology. Once this is accepted by the SM, does the Employer have free use of the methodologies in that plan?

E.g. An Employer may use such methodology in drafting a Service Information for another contract and/or subsequent contract.

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2

The standard TSC is silent on this however you may want to check your Z clauses which quite often deal with IP issues.

I suspect you don’t have much of a leg to stand on unless there are explicit clauses / statements that you can rely on.

3

I would add : there is a difference between IP and know-how. People often confuse the two.