Why did CLAS create the BREAKWATER SOLUTION™ brand?
The expiration of the historic patents covering single-layer armour units has made their geometries and functional principles fully free to use.
Their shape, operating principles and performance now belong to the industrial public domain, like any patent that has reached the end of its term.
However, the commercial names remain protected by trademarks, which prevents companies from using them freely.
It is this paradoxical situation (expired patent = free use, active trademark = prohibited name) that led CLAS to create BREAKWATER SOLUTION™, in order to:
enable companies to legally offer equivalent armour units in response to public procurement tenders,
provide a legally usable name,
offer independent technical documentation,
and guarantee comprehensive professional support.
CLAS, a Fully Independent Company — and What That Means
CLAS has no relationship with:
Concrete Layer Innovations (CLI),
ARTELIA,
Delta Marine Consultants (DMC),
Any other license vendors or equipment suppliers.
ARTELIA is the owner of the ACCROPODE™ and ECOPODE™ trademarks, which are marketed by CLI.
Xbloc® is a registered trademark owned by HBG Civil B.V. (Delta Marine Consultants – DMC / BAM).
These companies are in no way affiliated with CLAS.
What CLAS is not allowed to do
Outside projects covered by a license agreement, neither CLAS nor the contracting companies may:
use these protected names,
reproduce or distribute their proprietary documentation,
present themselves as being affiliated with these systems.
What CLAS has been allowed to do within the legal framework
CLAS has used these names on numerous projects — Puerto Moín, Kuantan, Bastia, Constanta, Alzour, Port-La-Nouvelle, among others — only because a license agreement had been signed between the construction company and CLI or DMC.
In such cases:
the license authorized the use of the name,
CLAS acted as an independent consultant, expert, or subcontractor,
CLAS provided services that trademark holders do not offer, including:
inspection by professional divers,
placement of armour units,
detection and correction of non-conformities,
independent external quality control,
expert assessment of damaged armour layers,
certification of the quality of the structures.
However, outside licensed projects, the use of these trademarks is strictly prohibited.
This is why an alternative trademark is required: BREAKWATER SOLUTION™, to respond to the needs of public procurement procedures and industry stakeholders.
The End of Patent Protection: Full Freedom to Use the Geometries
How Does a Patent Work?
A patent protects an invention for a limited period of time (generally 20 years).
Upon expiration of the patent:
the invention enters the public domain,
anyone may reproduce it,
no license is required,
no rights holder can oppose its use.
Application to Single-Layer Armour Units
The historic patents covering single-layer armour units have almost all expired.
This makes the following elements free to use:
the geometry,
the volumes,
the placement rules,
the hydraulic performance,
the manufacturing methods,
the use of identical formworks.
Only the commercial name may remain protected by a trademark.
In some cases — such as CORELOC — the trademark no longer exists, and the name is no longer protected.
The Obligation of Equivalence in Public Procurement
European regulations impose the principle of equivalence in public procurement procedures.
Directive 2014/24/EU, Article 42 §4, provides that:
Any reference to a trademark must be accompanied by the wording “or equivalent”.
This rule is transposed into French law through:
Article R2111-7 of the French Public Procurement Code,
the recommendations issued by the DAJ of the French Ministry of Finance.
Consequences for maritime construction companies
Even when a tender specification (CCTP) mentions a trademark name, for example because laboratory tests were carried out using that specific unit:
the contracting authority must accept equivalent solutions,
companies must be able to propose a rights-free armour unit,
the use of a protected commercial name is not mandatory,
the contractor may propose a technically identical armour unit, but under a different name.
This is exactly what Breakwater Solution™ makes possible.
ACCROPODE™ and ECOPODE™ are registered trademarks owned by the ARTELIA Group.
Xbloc® is a registered trademark owned by DMC.
These companies are in no way affiliated with CLAS.
The BREAKWATER SOLUTION™ trademark is owned by CLAS.
Why a proprietary trademark was necessary: BREAKWATER SOLUTION™
Companies needed:
a legally usable name for public procurement procedures,
proprietary technical documentation,
placement drawings,
concrete specifications,
an independent technical reference framework,
technical support for installation, provided by a construction specialist,
certification of conformity of the entire structure.
Holders of paid trademark licenses do not provide certain essential services, in particular:
underwater inspection by professional divers,
independent external quality control performed by divers,
supervision of armour unit placement by professional divers,
certification of the entire structure.
Companies therefore turn to CLAS.
The logical solution: creating a trademark that can be used worldwide
BREAKWATER SOLUTION™:
allows the use of rights-free geometries,
without license fees or royalties,
in full compliance with public procurement requirements,
with original CLAS technical documentation,
and comprehensive professional support.
Services Provided by CLAS under the BREAKWATER SOLUTION™ Framework
✔ Technical assistance for installation
(experts + divers + specialized inspectors)
✔ Proprietary CLAS placement drawings
(fast and accurate preparation regardless of the armour unit shape, based on the interlocking capabilities of each unit)
✔ Comprehensive technical documentation
(tolerances, concrete, handling, safety)
✔ Underwater inspection
(interlocking control – defect detection)
✔ Safety training
(not provided by license vendors)
✔ Independent external quality control
(real-time corrective actions)
✔ Structure certification
(CLAS TECHNOLOGY COMPLIANT certificate covering all structural components of the breakwater)
In Summary
BREAKWATER SOLUTION™ enables companies to:
legally use equivalent armour units,
without a license,
under a trademark-compliant name,
in full compliance with the “or equivalent” requirements,
while benefiting from CLAS’s expert services,
to achieve optimal quality for single-layer breakwaters.
