SECURITY
Trademark vs. patent protection First of all, it is important to have a baseline understanding of intellectual property, and the difference between trademark and patent protection. Trademark protection, in short, is a recognisable mark that links a product or service to a company, by means of a word, phrase, logo, or symbol. While trademarks are naturally important, because they offer assurance that a product is genuine and high quality, the functionality of a product – such as a key – has no legal protection under trademark law.
In contrast, a patent is a right given to protect others from making, selling, using, or importing, a particular product for a period of up to 20 years. Patents are wholly concerned with the functional aspect of a product or service. Patents, then, are important. They provide owners with the assurance that legal protection against unauthorised use of the solution will be maintained throughout the lifetime of the patent. In the case of key copy protection for a health estate, a masterkey cylinder system will either have patent protection on a combination of its key and cylinder mechanism, or the key only.
Misleading claims
Many are at risk of misinterpreting claims by suppliers of masterkey cylinder locks, who make claims such as ‘lifelong trademark protection’, or state that ‘the key profile is protected by a registered trademark’. Many of these statements are misleading, as they suggest that the trademark prevents the key from being copied for an unlimited length of time. In fact, if a trademark is used on the cross- section of a key in marketing to suggest that it prevents the unauthorised copying of a key, then this actually becomes a misuse of the trademark. As outlined, a trademark cannot be used to protect the functional element of a product, which in this case is the key’s operation in a cylinder.
In recent years, claims against a party’s trademark on a key profile have actually been challenged in court, and won. This is perhaps unsurprising, given that the
Assa Abloy
The Door Hardware & Access Control Group, a business unit of Assa Abloy Opening Solutions UK & Ireland, offers ‘a renowned and extensive portfolio of innovative security, safety, and access control solutions’. This includes mechanical, electro- mechanical ranges, and scalable access control solutions, including integration with many third-party OEM systems.
The Assa Triton2 5900 range includes a 4-pin
side bar which offers what Assa Abloy says is ‘an unrivalled 1.5 billion combinations, ensuring that every masterkey system is unique’.
advertised claims are misleading, and that the trademark does not provide the protection implied. When trying to establish a secure and reliable masterkey cylinder system for a building or site, it is critical to not succumb to such false claims.
It is clear to see how only someone with a comprehensive understanding of trademark law would see through these statements and realise the actual meaning of what is being said, rather than the implied meaning of superior key copy protection. Therefore, if key copy protection is a requirement when specifying a masterkey cylinder system, then a solution with a current patent is the only way to validate that it has legally enforceable protection.
A best practice approach to key copy protection
When reviewing a health estate’s current cylinder system, or considering a new masterkey cylinder system, it is vital to consider whether, firstly, the supplier offers key copy protection, and whether, secondly, the product is patented. As explained, claims of indefinite trademark protection on key profiles are not only misleading, but also offer no legal protection. It is essential to understand what the supplier’s key copy protection claims are, and its process for managing it. It’s also important to clarify what forms the basis of their protection – which should be a patent – and what management process is in place to ensure protection against unauthorised key copying. Then, when finding out what patent protection is in place for a product, be sure to consider when the patent was filed – as a patent can last for up to 20 years from when it was filed – and whether there is a current patent established in the country where the product is being used. Once this information has been established, and the validity of the key
copy protection being offered has been qualified, healthcare estates personnel are in a much stronger position to make an informed decision when selecting a masterkey cylinder system that is right to meet their site’s needs.
Free consultation service For healthcare estates personnel considering a new system, Assa Abloy’s team of experienced door safety and security consultants provide a free consultation service to discuss a site’s needs around issues such as key copy protection and other important considerations. A ‘white paper’ discussing the issues surrounding key copy protection can also be downloaded at
www.assaabloyopeningsolutions.co.uk/ keycopywhitepaper.
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Paul Johnson
Paul Johnson is director of Business Development for the Assa Abloy Door Hardware & Access Control Group. With over 20 years’ experience in this market, he is also a member of the executive committee for the Guild of Architectural Ironmongers.
October 2019 Health Estate Journal 119
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