MANY ARTIFICIAL BLOCKS FOR BUILDING BREAKWATERS ARE FREE OF RIGHTS

RIGHTS-FREE BLOCKS ARE ARTIFICIAL BLOCKS WHOSE MANUFACTURE AND USE ARE NO LONGER PROTECTED BY PATENT. THESE BLOCKS CAN BE USED WITHOUT PAYING A LICENSE FEE.

Explanatory Note on the Principle of Technical Equivalence in European Public Procurement

Introduction

This note aims to clarify the provisions of European law relating to the use of similar or equivalent techniques in public procurement. These provisions constitute a fundamental element of fairness and transparency in public procurement within the European Union.

European Legal Framework

Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement constitutes the reference text in this matter. It establishes a precise legal framework concerning technical specifications and the principle of equivalence.

Article 42 - Technical Specifications

Article 42 of Directive 2014/24/EU precisely frames how technical specifications must be formulated in public procurement documents. This article aims to ensure that technical requirements do not unduly hinder competition.

Paragraph 3

This paragraph details the different ways in which technical specifications can be formulated:

By reference to performance or functional requirements
By reference to technical standards (European, international, or national)
By a combination of the two previous approaches

Key point: When a reference is made to a particular standard or technical specification, it must be accompanied by the phrase "or equivalent."

Paragraph 4

This paragraph reinforces the principle of non-discrimination by prohibiting references to:

A specific manufacture or source
A particular process characterizing the products of a specific economic operator
A trademark, patent, type, origin, or specific production

Such references are only authorized in exceptional cases, when a sufficiently precise and intelligible description of the subject matter of the contract is not otherwise possible. In this case, the reference must imperatively be accompanied by the terms "or equivalent."

Objectives and Underlying Principles

These provisions aim at several fundamental objectives:

Guarantee equal treatment between economic operators, by avoiding specifications that would unduly favor certain of them
Promote innovation by allowing companies to propose new or alternative technical solutions
Ensure effective competition in the public procurement market
Facilitate SME access to public contracts by avoiding overly restrictive technical requirements
Allow the opening of national markets to operators throughout the European Union

Practical Implications for Public Buyers

Contracting authorities must:

Formulate technical specifications so as not to favor certain operators
Accept to examine offers proposing solutions equivalent to the requested specifications
Objectively evaluate the equivalence of proposed solutions
Justify any rejection of an alternative solution based on objective criteria

Implications for Economic Operators

Economic operators have:

The right to propose alternative technical solutions, provided they are equivalent
The burden of proving the equivalence of their solution by any appropriate means
The possibility to challenge an unjustified rejection of their equivalent solution

Case Law of the Court of Justice of the European Union

The CJEU has repeatedly confirmed the importance of the principle of equivalence in public procurement, particularly in the following judgments:

Case C-359/93, Commission/Netherlands ("UNIX")
Case C-59/00, Vestergaard
Case C-14/17, VAR and ATM

These decisions emphasize that the principle of equivalence is a concrete expression of the principle of proportionality and non-discrimination that structure European public procurement law.

Conclusion

The principle of technical equivalence constitutes a pillar of European public procurement law. It balances the legitimate needs of public buyers to precisely define their requirements with the imperatives of fair competition and innovation. Its transposition into the national laws of Member States, as in France in the Public Procurement Code, guarantees its uniform application throughout the Union.

French public procurement has integrated this provision of the EU code and indicates in public tender calls:

CCTP public procurement LA CHATIERE

12.6 - Construction of the armor layer in AccropodesTM or equivalent ................................ 16

CCTP public procurement ARGELES SUR MER

3.4 - Implementation of accropode blocks or similar..............................83

ATTENTION, artificial blocks that are no longer protected by a patent can be used freely, but the name of the block can still be protected by a registered trademark. If you wish to use these blocks without paying for trademark usage rights, you can use the FREE BREAKWATER SOLUTION^TM trademark and thus benefit from full-time assistance and certification from CLAS.

You can also use them freely under your own brand and responsibility.

To understand patent law and trademark law, we invite you to refer to the end of this page where it is explained in more detail.

The CLAS company specializes in the implementation of breakwater armor blocks and offers you a unique service, which guarantees the success of your project in the shortest construction time. But why pay for a license when it is no longer necessary?

Blocks that are no longer patent protected are freely available without a license fee.

Our lawyers specializing in intellectual property and patent and trademark law have accompanied us in developing the BREAKWATER SOLUTION™ concept, without the risk of infringement of the patents and trademarks used in the past to implement these blocks.

BREAKWATER SOLUTION™ is a support solution for companies that have decided to use one of the license-free blocks, by calling on CLAS assistance.

Three blocks are thus available to you free of charge:

The BS1 block

The Chinese company WIETC has chosen block BS1 and BREAKWATER SOLUTION™ to build the protective dike for the AZALAI hotel in DAKAR

CLAS ensured a full-time presence for the installation

of the BS1 blocks:

Safety training,

Training in the placement of blocks,

Production optimization.

1000 blocks BS1 where well placed in 20 days. The breakwater is certified CLASS A.

The BS2 block

The JV BUESA-RAZEL-TDA choose the BS2 blocks for the reconstruciton of the North breakwater fot the port of d'Argeles Sur Mer

The JV choose the specialized placing team proposed by CLAS.

Despite the hard conditions of work due to the weather

we achieved the project in time with the expexcted quality for a

CLASS A breakwater.

The BS3

For these three blocks CLAS allows you to benefit from the following services:

- The supply of the documents necessary for the manufacture of the formwork,

- The realization of the placing drawings,

- The documentation necessary for the manufacture of the blocks,

- A CLAS inspector who will assist you in choosing the most suitable means for rapid construction, according to the actual conditions of the site and at the best possible price,

- Full-time support with a professional diver inspector, who can train and supervise your installation teams, all problems encountered are resolved immediately,

- A certification of the conformity of the construction. Our certification includes the construction of all the rockfill layers of the structure, the armor blocks placement, the toe mount protection and the contact with the rear wall when there is one provided for in the design.

- The inspector will allow you to place the concrete blocks, faster and better than you can do, because that's our job, we only do that.

- If you wish, we will provide you with a specialized placing team that will provide you with the best guarantees of safety, speed of work and quality.

To avoid delays and loss of money, warranty claims after installation and disputes, use your money to install your armor blocks with a CLAS inspector and benefit from the advantages of CLASS A certification, which will confirm to your client that the structure complies with the design of the project and the technologies of the single-layer armor blocks, associated with the BREAKWATER SOLUTION™ brand.

Using single-layer blocks is much more difficult than using bilayer blocks. This is the reason why even today, the vendors of licenses are called upon to know how to install them. They no longer sell the patent, when it has fallen into the public domain, they sell the mark, which allows companies to benefit from advice on installation. The patent is therefore not the only protection.

PROTECTION OF INVENTIONS: LIMITED PROTECTION OVER TIME

Intellectual property laws are unique to each country and therefore may vary from country to country.

In Europe and the USA, the life of a patent is 20 years.

This information can be verified with the INPI in France, which includes European texts, and with the USPO in the United States (WIPO source: https://www.wipo.int/about-ip/fr/).

This means that beyond the period of 20 years from the date of filing the patent, the invention is no longer protected and can be used by anyone (source INPI: https: //www.inpi. en / en / understanding-intellectual-property / the-patent.

It is said that the invention fell into the public domain.

(WIPO source: https://www.wipo.int/edocs/mdocs/tk/fr/wipo_grtkf_ic_17/wipo_grtkf_ic_17_inf_8.doc).

The study requested from CASSIOPI:

OTHER PROTECTIONS?

Having the right to exploit an invention whose patent has lapsed (ie. Has fallen into the public domain) does not mean that you can do anything, any way.

Several obstacles must be taken into account:

1 THE BRAND

The owner of the lapsed patent (i.e. that has fallen into the public domain) may have registered a trademark to designate the product he was marketing and which implemented the invention formerly protected by patent. This trademark right, which may still be in force, despite the end of patent protection, must be respected.

This trademark protection differs from patent protection; the mark only aims to protect the name of a product (or a service), it does not protect the product (or the service) in itself (source INPI: https://www.inpi.fr / en / understand-intellectual-property / the-brand).

2 THE DRAWING OR MODEL

The invention may also be the subject of protection by the filing of designs (source INPI: https://www.inpi.fr/fr/comprendre-la-propriete-intellectuelle/les-dessins-modeles;

WIPO source: https://www.wipo.int/edocs/mdocs/tk/fr/wipo_grtkf_ic_17/wipo_grtkf_ic_17_inf_8.doc). This protection differs from patent protection.

The design protects the appearance of a product as long as these appearance elements do not simply result from the function of your product, but are due to an artistic choice by the author of the design.

Any registered designs or models must be respected.

3 DELOYAL COMPETITION

The fact that an invention has become copyright free does not allow you to do everything!

You must behave fairly (Source DGCCRF: https://www.economie.gouv.fr/dgccrf/concurrence);

Source Court of Cassation:

https://www.courdecassation.fr/publications_26/rapport_annuel_36/rapport_2001_117/deuxieme_partie_tudes_documents_120/tudes_theme_libertes_122/commerce_industrie_5970.html).

Freely exploiting an invention (for which the patent has lapsed) does not guarantee that the product (embodying that invention) will work properly

In this photo we see the result produced by the unlicensed and unconscious use of a single-layer technology that has now become licence-free

Our experience teaches us that this type of construction cannot withstand a storm and yet costs as much as a well-constructed structure.

Our standards and procedures have demonstrated their effectiveness on projects completed on time and received without reservation for 20 years.

The company CLAS brings you a proven solution which guarantees you a timely completion, approved without reservation, bringing to the project the durability expected by the customer: the BREAKWATER SOLUTION ™ concept.

BREAKWATER SOLUTION ™ is a concept that includes the block of your choice, full-time assistance, quality certification which confirms that the sustainability objectives defined by the design are achieved.

CLAS has surrounded itself with the best intellectual property specialists in order to provide you with a range of services that respect everyone's rights.

This is not a CLAS breakwater