The NDA’s Intellectual Property Policy is being revised to address the following objectives:
- Securing value for money for the NDA and therefore the taxpayer.
- Fostering the creation of a competitive contracting environment in which the Nuclear Decommissioning Authority has secure access to all Intellectual Property needed to enable the Site Licence companies to manage and operate their sites.
- Ensuring that the NDA has the rights to competitively bid future Management and Operations Contracts and Site Licence company agreements.
- Encouraging the private sector in the supply chain to invest in and deploy innovative technologies and business processes.
The NDA has issued commercial guidance to each Site Licence company and agreed revised Intellectual Property terms in the Management and Operations contracts and Site Licence company Agreement against the following principles:
- Management and ownership of supply chain Intellectual Property to be determined in accordance with revised terms and conditions and new commercial guidance.
- The NDA will continue to own Intellectual Property developed by the Site Licence companies themselves.
- The Site Licence companies will be given more flexibility, within an operating envelope, to agree ownership of ‘Developed’ or ‘Arising’ Intellectual Property by subcontractors in the performance of their subcontracts, provided rights are licensed back to the NDA/Site Licence company.
- Access to sub-contractors ‘Background Intellectual Property’ to be sought soley to facilitate the NDA’s usage of particular project deliverables only across the NDA estate.
- The NDA continues to own Intellectual Property which it considers is of ‘Strategic Interest’, but the list of items that this covers is now very much narrower than previously.
- The NDA cannot and will not adopt a unilateral principle of ceding ownership in every case. However, the Site Licence companies will be given a mandage to determine the position on a case-by-case basis.
- The NDA must have regard to its mission under the Energy Act 2004.
- New arrangements must provide value for money for the NDA and therefore the taxpayer.
- The Site Licence companies are required to comply with the European Union and UK procurement rules which limit the scope for negotiation of terms with bidders once invitation to tender have been issued.
- The new processes will be auditable and NDA will be involved in regular meetings with the Site Licence Authority will be involved in regular meetings with the Site Licence companies to ensure that the NDA’s consent to proposed arrangement is given, and to check that the arrangements are working.
Further detail can be found in the Supply Chain briefing note