Intellectual Property Rights and Services Data Main Body changes
Summary
The Central Registration Services (CRS) intellectual property rights (IPR) provisions in the Code were drafted before designation of v1.0 of the Code and primarily seek to deal with the CRS Services IPR as if it were IPR developed and owned by the CRS Provider or its contractors. In reality, much of the solution is built upon third party-owned software or platforms/services that are available to the market. Notwithstanding certain concessions were drafted in Clause 13.5 of the Code at designation, the scope of CRS Service IPR refers to some now obsolete terms and concepts and ought to be amended to clarify what the CRS Provider actually owns or is responsible for, to alleviate the existing ambiguity. Potential to amend Clause 13 of the Code as proposed in the attached mark-up, with consequential amendments to the associated definitions in Schedule 1 (Interpretation and Definitions). The definition “User” should be deleted from the Code and the defined terms “CSS User” or “REC Service User” (as applicable) used in substitution.
Latest update and next planned activity
Date of latest update
Latest Update
08/11/2024 - This Change Proposal has been implemented as part of the November 2024 REC Release.
Impacts Overview
Impacted Consumers
Electricity
Gas
Impacted REC Documents
REC Main Body
Schedule 1 - Interpretations and Definitions
Priority and rationale
Standard
Priority last updated on 29 May 2026
Solution development
Problem Statement
There is uncertainty as to the scope of the various classes of Intellectual Property Rights (IPR) covered in Clause 13 of the REC Main Body (including the extent to which any IPR may exist in certain data, and the use of obsolete terms and concepts). As a result, there is a risk that the relevant industry stakeholders referred to in Clause 13 are unable to grant the licences and indemnities as described in that Clause. The current wording of Clause 5.3 of the REC Main Body requires amendments to ensure it correctly reflects the relationship between CRS Provider and RECCo, the services being provided and the entitlement to input VAT as a recipient of the CRS.
Proposed solution summary
- N/A – No tangible Consumer impact identified.
- As a REC Participant (Service Provider/User), I want the Code to clearly stipulate IPR requirements, so that CRS provisions and arrangements are readily identifiable.
No documents available.
Change Plan
Party Impact Assessment Published
Completed
Start:
20 May 2022Due:
04 Jul 2024Completion:
04 Jul 2024Preliminary Change Report & Consultation Published
Completed
Start:
04 Jul 2024Due:
08 Aug 2024Completion:
08 Aug 2024Consultation Closes
Completed
Start:
08 Aug 2024Due:
30 Aug 2024Completion:
30 Aug 2024Final Change Report Issued
Completed
Start:
30 Aug 2024Due:
10 Sep 2024Completion:
10 Sep 2024Responsible Committee Decision
Completed
Start:
10 Sep 2024Due:
17 Sep 2024Completion:
17 Sep 2024Appeal Window Closure
Not Started
Start:
17 Sep 2024Due:
01 Oct 2024Completion:
Original submission
Change details
Ann Perry - -
20 May 2022
Change details
Intellectual Property Rights and Services Data Main Body changes
There is potential uncertainty as to the scope of “CRS Services IPR” and “RECCo Services IPR” because they are defined by reference to Clause 13 of the main body of the Code. It is proposed that these definitions should instead be defined in Schedule 1 (Interpretations and Definitions) to the Code, which would have the added benefit of future-proofing the definitions against prospective amendments to the Code main body. Also, “CRS Services IPR” and “RECCo Services IPR” should cover only the IPR which the CRS Provider or RECCo respectively owns or otherwise has the right to license. This will avoid risk that the licences granted under Clauses 13.7 and 13.16 exceed what the CRS Provider and RECCo respectively should be responsible for or are capable of doing. Furthermore, Clauses 13.12(b) and 13.13 should explicitly acknowledge the parts of the CRS solution that are provided under Crown copyright, commercially available off-the-shelf software or other products generally available in the market and do not need to be licensed by DCC in the situations described in these Clauses. The CRS Services IPR provisions should apply only as between the CRS Provider and CSS Users (and not REC Service Users more broadly), namely each organisation which is Qualified to use the CSS, together with each Switching Data Service Provider (other than the CSS Provider) the categories of which are set out in the Central Switching Service Schedule. In respect of “Services Data” defined in Clause 13.18, there is a risk that seeking to specify ownership of IPR in data or datasets will conflict with ownership of the same IPR under other regulatory or contractual arrangements. There is also a technical question as to whether any IPR actually subsist in the data or dataset at all (a piece of data itself not being an IPR). In view of these concerns, there is a question as to whether Clause 13.19 is actually necessary or creates potential ambiguity and confusion over ownership of IPR between numerous industry stakeholders. In turn, this risks ambiguity in Clause 13.20 as to whether the relevant stakeholder can grant the required licences as a matter of fact and the indemnity in Clause 13.21. As a consequence, it is proposed that Clause 13.20 is amended to state that the relevant Parties grant the licences set out in Clause 13.20 only to the extent that they own any IPR subsisting in the Services Data.
Owing to the uncertainty as to the scope of the various classes of IPR covered in Clause 13, including the extent to which any IPR may exist in certain data, and the use of obsolete terms and concepts there is a risk that the relevant industry stakeholders referred to in Clause 13 are unable to grant the licences and indemnities as described in that Clause. This needs to be rectified to better support Switching.
Amend Clause 13 of the Code as proposed in the attached mark-up, with consequential amendments to the associated definitions in Schedule 1 (Interpretation and Definitions). The definition “User” should be deleted from the Code and the defined terms “CSS User” or “REC Service User” (as applicable) used in substitution.
The CRS Services IPR provisions in the Code were drafted before designation of v1.0 of the Code and primarily seek to deal with the CRS Services IPR as if it were IPR developed and owned by the CRS Provider or its contractors. In reality, much of the solution is built upon third party-owned software or platforms/services that are available to the market. Notwithstanding certain concessions were drafted in Clause 13.5 of the Code at designation, the scope of CRS Service IPR refers to some now obsolete terms and concepts and ought to be amended to clarify what the CRS Provider actually owns or is responsible for, to alleviate the existing ambiguity.
Impacts
Electricity, Gas
Trust and confidence
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REC Main Body, Schedule 1 - Interpretations and Definitions
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No
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Priority & timing
No
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It would be preferable for this change to be effected pre-go live so the Code accurately reflects IPR ownership from that point in time.
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No details provided
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