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Protected key technology
patents – true or false?
» » WE HAVE RECENTLY BEEN LOOKING
into the facts around key protection after
research found some manufacturers were
making potentially misleading claims
about their technology.
We have found that some key
manufacturers are advertising their
proprietary key technology is protected
under the guise of trademarks. However,
this is not enforceable and in fact
contravene EU law.
The reason for this lies in a basic
misunderstanding of the principle of
what a trademark actually is. Trademarks
cannot be used for a so-called ‘functional
element’; features that undertake a
specific task. Under EU law these would
be seen to cause a monopoly, which is not
the purpose of a gaining a trademark.
It means that the practice of protecting
key technology by means of patent
remains the correct route and any
suggestion a key can have indefinite
legal protection from a trademark
is misleading and therefore unfair
competition.
‘we can’t sit back and
let anyone make false
statements around
key protection’
There is legal precedence to support
this stance; Germany’s High Court (the
Oberlandesgericht) found in the case
concerning GERA-WS’s trademarked
key profiles that “The registration of a
trademark is thus an unsuitable means of
achieving the aim of the protection of the
[blanks] by the defendant”.
nope
TM
Craig Birch, Product Category
Manager for cylinders at ASSA ABLOY,
had this to say about the findings,
“Organisations being told they can buy
key technology with lifetime protection
via trademark must be made aware these
claims are false. It’s simply misleading
to make such claims and paints our
industry in a bad light. If we want people
to trust us to provide the security they
need, we can’t sit back and let anyone
make false statements around key
protection.”
Alvarez replaces Lumsden
for IAI in the Gulf States
Tony Alvarez, managing director of Carlisle Brass LLC based in the United
Arab Emirates, has recently been appointed chairman of the Institute of
Architectural Ironmongers (IAI) branch in the Gulf Cooperation Council (GCC).
» » TONY TAKES OVER THE
management of IAI activities in
the Gulf from Mike Lumsden
who was appointed as
chairman in January 2016.
‘Tony has
worked in the
architectural
ironmongery
industry for
over 20 years’
Tony said: “I’m hoping
to expand the presence of
IAI throughout the Gulf and
develop a regional base
to enable our members
to grow and develop as
hardware professionals.
“Mike Lumsden has
done a fantastic job at
encouraging more hardware
professionals across the
Gulf to join IAI as well as
inspire existing members
to become more involved
in branch activities and
I’ll be looking to build on
this during my time as
chairman.”
Tony has worked in the
architectural ironmongery
industry for over 20 years
and has been a member of
the IAI for five years.
The IAI’s GCC branch was
first established in 2014 and
is one of two international
IAI branches.
IAI membership is open to
individuals who are qualified
GAI Diploma holders,
students actively on the GAI
education programme, or
LOCKSMITHJOURNAL.CO.UK | MAR/APR 2018
Sponsored by Lockex 2018 - Security & Fire Safety
experienced practitioners
of the architectural
ironmongery trade.
‘I’m hoping
to expand the
presence of
IAI throughout
the Gulf and
develop a
regional base’
http://www.gai.org.uk