NOCN Say it Will Take CSCS to Court for Digital Skills Passport Copyright

NOCN says it is “regrettably” giving notice that it intends to start legal proceedings to prevent CSCS using a ‘digital skills passport’ as part of its scheme because NOCN registered the copyright to the name in 2024.

NOCN Group is a training charity offering construction industry vocational qualifications and apprenticeships.

It is also the second largest issuer of CSCS cards covering construction plant through the Construction Plant Competence Scheme (CPCS) and the Construction Industry Scaffolders Record Scheme (CISRS).

Through its competency scheme, CPCS, it operates a five-year renewal process, which started to be digitalised in 2019 to transform logbook records into a digital skills passport. At the same time, NOCN Group started a skills passport for health and safety in the oil and gas industry. Both were registered as NOCN’s skills passport trademark in the UK in 2024, it says.

NOCN says it supports the work of the CLC and CSMB in digitalising data records and says a competency-based digital skills passport are essential to support this work and to comply with regulatory requirements.

Infringing Copyright

However, NOCN adds “for several months, we have worked to reach an agreement with CSCS on the deployment of a competency-based skills passport. However, CSCS has rejected our offer of joint working and continues to infringe on NOCN Group’s legal rights.

“Regrettably, we have been given no choice but to serve notice as a first step in a legal process against CSCS.

“For the benefit of the whole of the construction industry, we hope an amicable settlement can be reached.

Generic Descriptive Phrase

Commenting, CSCS Group, which owns the Construction Skills Certification Scheme (CSCS) business, said, “This relates to an ongoing legal matter between the organisations, so it would not be appropriate for us to comment in detail on specific points at this stage.

“However, we do not agree with NOCN’s claims and consider their position to be entirely without merit. Based on the information shared to date, no clear legal or factual basis for the alleged trade mark infringement has been established.

“More broadly, the term “skills passport” is widely used by a range of organisations and products. It is a generic, descriptive phrase, and we do not accept that it is appropriate for any single organisation to claim exclusive rights over its use. CSCS, like many others, uses the term in its ordinary, widely understood context.

“This is ultimately a matter being addressed directly between CSCS and NOCN through the appropriate legal channels.

“In the meantime, CSCS remains focused on delivering its core purpose—supporting industry through the effective deployment of digital skills and qualifications, including digital passports.”

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