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Answered: NEC3 PSC: X9 - transfer of intellectual property rights

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If the contract is a PSC between an Employer and a Consultant, then the Consultant is the Consultant irrespective of whether that organisation's main business is 'contracting' and irrespective of whether it sub-contracts all of the work cover by the Scope.

In the second sentence quoted above, "The Consultant .... obtains from a Subconsultant equivalent rights for the Employer over the material prepared by the Subconsultant."  So the Consultant (who may be a 'contractor') is required to ensure that any subconsultancy contract includes a provision that the IP is transferred to the Employer in the main contract.

Clause 24 of the PSC requires acceptance by the Employer of any subcontract and a reason for not accepting is that the terms will not allow the Consultant to Provide the Services, which I would suggest includes the transfer of rights.

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