The Locksmith Journal Mar/Apr 2018 - Issue 55 | Page 16

16 • INDUSTRYNEWS PROUD SPONSORS OF THIS PAGE 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