PROGRAMMABLE CONTROLLERS

S2E CPU

S2T CPU

100 Mb Ethernet Toshiba Computer

Toshiba Automation

CTi Automation - Phone: 800.894.0412 - Fax: 208.368.0415 - Web: www.ctiautomation.net - Email: info@ctiautomation.net

V-Series S2E/S2T

Small, Powerful Modular Style Programmable Controllers
Toshibas S2E/S2T controllers are small, modular type programmable controllers suitable for simple relay replacement all the way to complex control applications. The S2E/S2T are 3rd generation T2 Series CPUs used with V-Series racks, I/O, and power supplies. The S2E/S2T provides a functional, economical, and compact solution to a wide range of applications in automotive, machine control, and process control systems.
Local I/O Program Speed 2048 Points 32 Ksteps (Includes Comments) 0.11 s/contact 0.65 s/transfer 17.3 s/floating point add. No

Station Bus

Local I/O Program Speed 2048 Points 32/64 Ksteps (Includes Comments) 0.09 s/contact 0.54 s/transfer 12.1s/floating point add. Yes

KEY FEATURES

High Speed Processing
The S2E/S2T controllers excel at applications where high speed processing is required. S2E S2T Contact Instruction: 0.11 s 0.09 s Coil Instruction: 0.22 s 0.18 s Transfer Instruction: 0.65 s 0.54 s 16-bit Addition: 1.08 s 0.90 s

Debug Support Functions

The S2E/S2T offer many useful on-line debug functions such as input force, coil force, data set, status latch & sample trace. Status Latch: This function collects (latches) the on/off state of devices or values in registers when a user specified condition is initiated. Sample Trace: This function collects (records) the on/off state of devices or values in registers over a user specified interval when a user specified condition is initiated. The collected data can be viewed as a historical trend graph or exported as a *.csv file.

T-Series Compatible

The programming tool for the S2E/S2T is the TPDS MS Windows based programming software. Any T-Series program can be loaded and run without any program conversion. Any HMI, OIS, or Scada software used with the T-Series is also compatible.

Comment Storage in CPU

The device/register tag and comment can be stored in the S2E/S2T CPU memory. Tags and comments can be viewed in the on-line mode without access to the original program (tags and comments are normally stored on the computer hard disk that created the program). Debugging, trouble shooting and editing is much simpler at the installation if tags and comments are viewable.

Sample Trace Screen

Built-in Serial Communications
The S2E/S2T have an RS485 serial communications port on the CPU module. One of two modes is selectable; computer link mode or free ASCII mode. In the computer link mode a higher level controller, MMI/OIS, SCADA software can connect to the CPU. T-PDS programming software can also connect in this mode for remote programming. In the free ASCII mode the CPU can communicate with devices that have a simple ASCII protocol such as T1 PLCs, Toshiba ASDs, bar code readers, etc.

Process I/O

Fast 8 channel analog input modules and 4 channel analog output modules solve many difficult process applications. One analog output module has an output hold function for safety during a down condition
Multiple Programming Languages
Both LD (ladder diagram) and SFC (sequential function chart) programming are available. Up 11 lines of ladder can be included in each SFC action block. Using SFC makes programs easier to understand and it makes the system easier to troubleshoot.

Large Program Memory

Both S2E & S2T CPUs have 32k steps of program memory (64k step S2T version is also available). This allows program creation without any consideration for memory constraints. Non-volatile flash memory is used for permanent program storage. Important register values can also be stored in flash memory.

Step Transition

Action in Individual Step

SYSTEM CONFIGURATION

The S2E/S2T configurations are available from a very simple 3 I/O slot system to a to a large local system with several networking options.

Basic System:

The simplest configuration consists of a power supply, S2E/S2T CPU, and any combination of 3 I/O or network modules.

Integrated System:

A fully integrated system consists of a power supply, an S2T CPU, a computer module, and any combination of 6 I/O or network modules.

Expansion System:

A maximum system consists of a main rack and 3 expansion racks. Each rack can have up to 8 I/O modules. Expansion racks can also accept network modules. In addition to V-Series expansion racks, T2 Series expansion racks can also be connected to the main rack. A combination of V-Series and T2 Series expansion racks is possible.
A power supply module is necessary in each rack. Expansion cables are available as follows: 30 cm, 50 cm, 70 cm, 1.5 m. Max length = 4.5 m.

SYSTEM COMPONENTS

A typical S2E/S2T system consists of a base rack with modules mounted on the rack. From left to right modules are: Expansion Interface, Power Supply, CPU, and I/O modules. If the rack supports the station bus, then a computer module or higher level network module can be mounted following the CPU module.

S2E CPU Module Power Supply Module
I/O Modules / Network Modules

Expansion I/O Interface

Computer Link Port (RS485) Programmer Port (RS232C)

COMPUTER MODULE

It is no surprise that Toshiba Corporation, a company well known for rugged laptop computers, also has computer modules for its automation product line. The C2 module is a Pentium III air cooled, fan-less computer designed for harsh industrial and process environments. There are three models available:

Models:

Model No. CPU OS Cache Memory RAM Memory HDD or Opt Flash Memory IF: USB Serial PS2 LAN Display PC Card RAS Note: GC2PU37ES GC2PU37GS GC3PU37HS
Mobile Pentium P3, 500 Mhz Processor Windows 2000 Pro Windows 2000 Pro Windows XP Pro Primary 32 Kb Secondary 256 Kb (CPU on die) 128 Mb 256 Mb 256 Mb 30 Gb 30 Gb 30 Gb 2 Gb 2 Gb 2 Gb 1 Ch. (Type A USB 1.0) 1 Ch. (Type A USB 1.0) 1 Ch. (Type A USB 1.0) 1 Ch. RS232C, 9 pin 1 Ch. RS232C, 9 pin 1 Ch. RS232C, 9 pin 1 Ch. Mouse, 1 Ch. Keyboard 1 Ch. Ethernet, 10 BaseT, 100 BaseTx, RJCh. RGB analog, 2 Mb RAM, 1600 x 1200, 65536 Colors 2 Slots, PCMCIA Type II CPU Failure Detection (WDT), Thermal Failure Detection, Auto Shutdown on Power Failure Requires S2T CPU and rack with station bus.

Components:

All the components typically found on a computer are located on the front of the C2 computer module.
RGB Connector Ethernet 10/100 BaseTx PCMPCA Card Slots HDD (Hard Disk Drive) is removable on PU37 models

Removable HDD

LED Indicators COM Port 1 Reset Switch Initialize Switch USB Connector Mouse Port Keyboard Port

DIP Switches

The hard disk in the C2 module (PU37) is removable. Hugh amounts of data can be stored and easily removed from the computer at a more convenient time. It also permits easy replacement of the computer component most likely to experience an operational problem. Company MIS/IT departments can easily clone a hard disk so that a backup is available for critical applications.

Data Exchange:

Data is exchanged between the C2 module and the S2T module via the station bus. The S2T can collect data from the I/O modules and send it to the C2 module. The C2 module can perform any type of; complex calculations, diagnostic/statistical analysis, or data manipulation, then send the result back to the S2T module for action. The C2 module can also run any SCADA or HMI program that is often times run on an external PC.
C2 Computer Module S2T CPU Module V-Series I/O Modules

I/O Bus

Notes: 1. Contact Toshiba for applications requiring direct communications between the C2 module and the I/O modules (S2T CPU not required). 2. Requires S2T CPU and rack with station bus.

C2 + S2T Application:

In the application possibility below, the S2T CPU controls operation of a tank farm and the C2 CPU controls the security system for the tank farm. In the event of either a process alarm or a security alarm, the C2 module sends notification out to the central facility or the on-duty foreman over the internet that an alarm has occurred. The notification can identify it the alarm is a process alarm or a security alarm. Event notification by E-Mail Remote monitoring/operation via Web Daily scheduled reports.
SPECIAL POWER SUPPLY MODULES
For critical PLC applications or applications using the C2 computer module, Toshiba offers two special power supply modules: The GPS691 has a special UPS interface. The GPS694 is a combination power supply and UPS.
MS Windows must be shutdown in an orderly manner or data on the HDD can be corrupted, thus preventing a restart. When 120 Vac power is lost, the GPS691/GPS694 will signal the C2 computer module to begin an orderly shutdown of Widows. This is done without any input from a keypad or mouse. Power to the C2 module is maintained until Windows has shut-down.

NETWORKS

The S2E/S2T controllers can be part of a fully distributed networked control system. Levels range from Plant Information LAN to simple ASCII network.

Overview:

PC OIS-DS OIS-DS with OPC Server

Information LAN Ethernet

S2T PLC
Control Network TOSLINE S20/S20LP
S2E PLC MV300 Medium Voltage Drive

T2/T3 PLC

Field Network TOSLINE F10, FL-Net, DeviceNet

Remote I/O T1 PLC

Any ODVA Certified Field Device

Simple ASCII Network

T1 PLC
Any Device with simple ASCII Protocol
An Active Star Coupler maybe necessary for connecting multiple ASDs (Adjustable Speed Drivers) on to a Tosline S20 network.

Ethernet:

Ethernet is used as an open industrial networking standard. The GEN651 allows the S2T to access other devices connected on an Ethernet network. Either 10 or 100 Mbps data rates can be selected. Cables, routers, switches, transceivers, converters, etc. are commonly available from 3rd party vendors.

Order Number Topology Protocol Transmission Transmission Speed Max No. of Stations Max No. of Modules/Station Max Distance Parameter Tool Note

GEN651

Bus/Star Ethernet TCP/UDP Point-to-Point, Multicast, Broadcast 10 Mbps/100Mbps 100m between stations/repeaters EtherSetup_E Software

Standard Ethernet Switch

Ethernet

Existing T3H PLC

EtherSetup_E software is used to set: IP Address Subnet Mask Gateway Port Number for each Ethernet module.
Ethernet to RS232 Interface Module Existing T2N PLC Existing T1 PLC

Tosline S20/S20LP:

Tosline S20/S20LP is an N-to-N high-speed data link network. Implicit token passing avoids the possibility of message collision. A Tosline S20/S20LP network is ideal for real-time control between PLCs or between PLCs and Toshiba ASDs. Tosline-S20LP The Tosline-S20LP is a high-reliability loop type fiber optic system. The doubleloop configuration and the floating master function allow the Tosline-S20LP to continue data link operation even if a transmission cable is cut or a station drops out of the network. Tosline S20 The Tosline-S20 is a bus type data link network. The transmission media can be either co-axial or fiber optic cable depending on the application requirement. These station modules can be mounted in any I/o slot, main, or expansion rack, of a S2E/S2T system.
Order Number Topology Transmission Transmission Speed Max No. of Stations Max Distance Scan Capacity Scan Update Time Service Parameter Tool Connectable Devices Note

GSN627**S (S2T)

Double Optic Loop
GSN626**S ( S2T) GSN622**S (S2E)
Optic Bus Scan/Broadcast 2 Mbps 64
GSN625**S (S2T) GSN621**S (S2E)

Co-ax Bus

30 km total, 1 km 10 km total, 1 km 1 km total. between stations. between stations. 4096 words. 1024 words. 1024 words. 61.4 ms/4096 words. 25 ms/1024 words. 25 ms/1024 words. Scan Transmission & Message Transmission Tosline SLS Software. S2T, PCS, V1000. S2E/S2T, PCS, ASD, S2E/S2T, PCS, ASD, MV300. For Additional Details See TL-S20 & TL-S20LP Users Manuals

SN622 SN626

SN621 SN625
Remote Programming/Monitoring is possible through Tosline-S20/20LP
Tosline-S20/S20LP S2E/S2T S2E/S2T
T-PDS Programming Software Or SLS Setup Software

FL-Net:

FL-Net is a multi-vendor open network. Any equipment (PLC, NC, Robot Controller, etc.) that has an FL-Net certified communications module can communicate on FL-Net. FL-Net is a 10 Mbps deterministic Ethernet based network. Each station has a common memory which sends data to the respective memory location in the other stations. FLNet uses standard Ethernet cable and network devices such as hubs, repeaters, etc). The GFL612 is a module that mounts in an S2E/S2T main or expansion rack. It allows the S2E/S2T to write data on the FL-Net and read data from the FL-Net. The GFL654 is a remote communications module that mounts in a V-Series rack with V-Series I/O. The GFL654 writes the status of its inputs on to the FL-Net and sets its outputs according to data received from the FL-Net. It supports up to 32 V-Series I/O modules. Order Number Protocol Topology Transmission Transmission Speed Max No. of Stations Max No. of Modules/Station Max Distance Scan Capacity Scan Update Time Service Parameter Tool Conn. Devices Note GFL612**S GFL654**S

GFL612 GFL654

Ethernet UDP/IP Bus/Star FL Control Network Ver. 2.Mbps 1 Per FL-Net Spec. Per FL-Net Spec. 8 k words + 8 k bites 50 ms or less FL-Net Message Transmission S2E/S2T Program Switches on Module S2E/S2T, Any FL-Net certified device. Not compatible with FL-Net Ver. 1.0

Remote I/O

Any FL-Net Certified Device

Tosline-F10:

Tosline- F10 is a field network suitable for small distributed I/O systems. It also allows data link between S2E/S2T and older T-Series/EX-Series PLCs. Tosline-F10 is extremely easy to setup and use compared to other field networks. There are two types of Tosline-F10 modules available for the S2E/S2T CPUs. GUN611 Master Station GUN612 Remote Station Model No. GUN611**S & GUN612**S Master Stn Remote Stn Topology Bus Access Method Poling/Selecting Trans. Speed 750 Kbps/250 Kbps Max. Trans Dist. 750 Kbps: 0.5 Km 250 Kbps: 1.0 Km. Max No. of Stns 32 Comm Service Scan Transmission Capacity 32 Words Update Time 7 ms/32 words (750 Kbps) 12 ms/32 words (250 Kbps). Conn. Devices S2E/S2t, T1/T2/T3 PLCs. Remote I/O Blks, ASD, etc. Note: For additional information see Tosline-F10 Users Manual

DeviceNet:

DeviceNet is an open field network. Many field devices (certified by ODVA) are available from other manufactures to connect to DeviceNet. The DN611A is a Toshiba DeviceNet scanner module for the S2E/S2T CPUs. The DN611A can read/write data to any other manufacturers certified device; such as remote I/O blocks, manifolds valves, sensors, ASDs, etc. GDN611A Model No. Topology Number of Slaves Trans. Speed Media Access Modulation Trans Dist. Thin Thick Max. Drop Length Total Drop Length Function Number of DN611 Note: GDN611A*S Bus. 63 max. 125/250/500 Kbps. CSMA/NBA Base-band. 100 m 125k 250k 500k 500m 250m 100m 6m 6m 6m 156m 78m 39m Bit Strop, Poll, Limited by PS Capacity. For Additional Information see GDN611 Users Manual.

ASCII Networks

The S2E & S2T have two ports that can be used for ASCII communications, the RS232 programming port and the RS485 serial port. Both ports can function in the Computer Link Mode. The RS485 serial port can also function in the Free ASCII mode. Port. Trans. Method Trans. Speed Framing Program RS232
Half-duplex 9600 Bps Start Bit: 1 Data Bits: 8 Parity: Odd/None Stop Bit: 1 Computer Link Programmer

Serial RS485

Half-duplex 9600/19,200 Bps Start Bit: 1 Data Bits: 7/8 Parity: Odd/Even/None Stop Bit: 1/2 Computer Link Free ASCII Programmer

Protocol

Programmer PortComputer Link Mode

OIS RS232

Operator Interface Station (like the OIS60) connected directly to controller. This leaves the RS485 port open for remote connection by T-PDS programming software, SCADA software or other OISs.
Serial PortComputer Link Mode
Any higher level computer, cell controller, or DCS having T-Series protocol can read and write information into the S2E & S2T controllers.

32 Stations Max

Serial PortFree ASCII Mode
T1 PLCs setup in Computer Link Mode. Communication is possible to any device (bar-code reader, weigh scale, etc) having a serial ASCII communications mode (with fixed trailing code).

RS485 T1 PLC

PROGRAMMING SOFTWARE
T-PDS (Toshiba-Program Development Software) is used for entering programs into the S2E & S2T CPUs. T-PDS is a software that runs on any Toshiba Notebook Computer or other IBM-PC compatible personal computer with MS Windows 95 or higher. T-PDS supports on-line & off-line programming, debugging, and program documentation for all T-Series programmable controllers. T-PDS has:
A full-featured program editor that includes cut & paste search & replace, insert, delete, etc. Group programming and block merger. Load, save, and compare programs between disk file and CPU. Monitor power flow status of on-line ladder program and register values. Sample trace for determining time relationships of events. /O Force ON & OFF from keyboard. Print map options such as register values, register/device usage, full cross-reference, etc. Built-modem initialize and dial.

GENERAL SPECIFICATIONS

Operation temperature Storage temperature Humidity Dust Atmosphere Vibration immunity Shock immunity Noise immunity Insulation resistance Withstand voltage Grounding Cooling

Specification

0 to 55C -20 to 70C 5 to 95%RH (no condensation) 3 10mg/m or less No corrosive gas, no flammable gas 2 IEC61131-2 (10 to 150Hz, 9.8m/s ) 2 IEC61131-2 (150m/s ) Power impulse: 1500Vp-p 1s ESD: 8kV EMC directive 50M or more (between external and internal circuits) 1500Vac for 1 minute 100 or less (type D grounding) Natural air cooling
FUNCTIONAL SPECIFICATIONS
Control Method Processor Station Bus I/O Method Number of I/O Points Programming Language Program Capacity Memory Application program
Stored program cyclic scan method Overall control: 32-bit microprocessor Instruction execution: Special designed language processor (LP) S2T only. Batch I/O (refresh with main task), direct I/O, or combination 1024 points (when 32 points I/O used) 2048 points (when 64 points I/O used) Local I/O memory: 8192 bits/512 words (1 word = 16 bits) Ladder diagram (relay symbol + function block) Sequential Function Chart (SFC), Steps: S2E=32K, S2T=32K (PU662T), S2T=64K (PU672T). Includes comments. Main memory: SRAM (battery back-up) Auxiliary memory: Flash memory (for program backup). Basic ladder instructions: 24 types Function instructions: 206 types Sequence (contact, coil, timer, counter, etc.) Data transfer (single word / double word, register table) Arithmetic (single word / double word, binary / BCD, signed / unsigned, floating-point) Logic operation (single word/double word, register table, bit table) Compare (single word / double word, signed / unsigned, floating-point) Program control (jump, For-Next, subroutine, SFC, etc.) Functions (limit, trigonometric, square root, integral, PID, function generator, etc.) Conversion (ASCII, BCD, 7-Seg, double word integer / floating-point real) Others S2E: 0.11s / contact, 0.22s / coil, 0.65s / transfer, 1.08s / addition, 17.3s / floating-point mpl. S2T: 0.09s / contact, 0.18s / coil, 0.54s / transfer, 0.90s / addition, 12.1s / floating-point mpl Floating scan or constant scan (constant: 10 to 200ms, 10ms units) 1 Main program 4 Sub-program (1 initial task fixed) 1 Timer interrupt (interval: 1 to 1000ms, 1ms units) 8 I/O interrupt (task switch 500s or less) 256 Subroutines

Instruction Set

Execution Speed Scan System

Multi-Tasking

I/O Relay/Register Auxiliary Relay/Register Special Relay/Register User data Timer Relay/Register Counter Relay/Register Data Register Link Relay/Register
Link Relay/Register File Register Index Register Retentive Memory Real-time Clock/Calendar Comm Ports Computer Link Port

Programmer Port

Self-Diagnosis Monitoring Debug/Maintenance
8192 points / 512 words X/Y or XW/YW: batch I/O, I/O or IW/OW: direct I/O) 16000 points / 1000 words (R/RW) 4096 points / 256 words (S/SW) 1000 points (T./T) 10ms timers or 100ms timers: user setting, default: 64 10ms timers) 512 points (C./C) 8192 words (D) 16000 points / 2048 words (Z/W) for TOSLINE-S20 (leading 1000 words: bit access possible) 4096 points / 256 words (L/LW) for TOSLINE-Fwords (F), 512k additional for PU672T 3 words (I, J, K) User specified range for RW, T, C, D, and whole F registers Year, month, day, day of the week, hour, minute, second (battery back-up) Interface RS485 (4-wire) Bit rate 300, 600, 1200, 2400, 4800, 9600, 19200 bps Computer link mode: T-series computer link protocol (ASCII/binary) Protocol Free ASCII mode: non-procedure (desired message, max. 512 bytes) Interface RS232C Bit rate 9600 bps (fixed) T-series computer link protocol (ASCII/binary) Protocol (available ASCII command: ST, DR, DW) Power interrupt check, battery voltage check, I/O bus check, I/O registration check, I/O response, I/O parity, watchdog timer, illegal instruction, LP check, others Event history record, scan time measurement, constant scan delay, others On-line trace monitor, force function, sampling trace, status latch, others
I/O MODULE SPECIFICATIONS

Digital Inputs:

Module type Input voltage Min. ON voltage Max. OFF voltage Input current Input points ON delay time OFF delay time Wire connection Internal 5V power consumption

DI632D

AC input 100 to 120Vac, +10/15% (50/60Hz) 80Vac 30Vac 7mA (at 100Vac) 16points (16/common) 20ms or less 15ms or less Terminal block 15mA
200 to 240Vac, +10/15%(50/60Hz) 160Vac 60Vac 6mA (at 200Vac) 16points (16/common) 20ms or less 15ms or less Terminal block 15mA
DC input, sink/source 12 to 24Vdc/ac, 100 to 110Vdc, +10/-15% +10/-15% 9.6V 84V 4.3V 22V 8mA (at 24Vdc) 2.3mA (at 100Vdc) 8 points (isolated) 16 points (8/common) 10ms or less (DC) 10ms or less 20ms or less (AC) 10ms or less (DC) 10ms or less 15ms or less (AC) Terminal block Terminal block 100mA 100mA

12 to 24Vdc/ac, +10/-15% 9.6V 3.6V 8mA (at 24Vdc) 16 points (16/common) 10ms or less (DC) 20ms or less (AC) 10ms or less (DC) 15ms or less (AC) Terminal block 15mA
24Vdc, +10/-15% 16V 5V 4mA (at 24Vdc) 32 points (8/common) 10ms or less 15ms or less Connector 70mA
24Vdc, +10/-15% 16V 5V 4mA (at 24Vdc) 64 points (8/common) 10ms or less 15ms or less Connector 100mA

DI635H

24Vdc, +10/-15% 16V 5V 4mA (at 24Vdc) 64 points (8/common) 1.0ms or less 1.5ms or less Connector 100mA

DC input, sink/source

Digital Outputs:
Module type Output voltage Load current Output points ON delay time OFF delay time Leakage current Wire connection Internal 5V power consumption
5 to 24Vdc, +10/-5% 1A/point (12/24V) 0.3A/point (5V) 1.2A/4 points 16 points (16/common) 1ms or less 1ms or less 0.1mA or less (24Vdc) Terminal block 60mA
DC output, sink 5 to 24Vdc, 10% 0.1A/point (12/24V) 0.05A/point (5V) 32 points (8/common) 1ms or less 1ms or less 0.1mA or less (24Vdc) Connector 150mA
5 to 24Vdc, 10% 0.1A/point (12/24V) 0.05A/point (5V) 64 points (8/common) 1ms or less 1ms or less 0.1mA or less (24Vdc) Connector 250mA

DO633P

DC output, source 12 to 24Vdc, +10/-5% 1A/point (12/24V) 1.2A/4 points 16 points (16/common) 1ms or less 1ms or less 0.1mA or less (24Vdc) Terminal block 60mA

RO662S

AC output 100 to 240Vac, +10/-15% (50/60Hz) 0.5A/point 0.6A/2 points 12 points (4/common) 1ms or less 1/2 cycle + 1ms or less 1.2mA or less (at 100Vac) 3mA or less (at 240Vac) Terminal block 300mA
Relay contact output, NO contact 24Vdc, +20% (max) 24Vdc, +20% (max) 240Vac, +10% (max) 240Vac, +10% (max) 2A/point (resistive load) 2A/point (resistive load) 8A/common 16 points (8/common) 8 points (isolated) 10ms or less 10ms or less 15ms or less 15ms or less None Terminal block 80mA None Terminal block 40mA

Analog Inputs:

Input signal Input impedance Input channels Resolution Conversion cycle Overall accuracy Internal 5V power consumption

AD624L

1 to 5V, 4 to 20mA Voltage: 500k or more Current: channels 8 bit (0 to 250) 1ms/4 channels 1%FS (0 to 55C) 50mA

AD634L

0 to 10V 500k or more 4 channels 8 bit (0 to 250) 1ms/4 channels 1%FS (0 to 55C) 50mA
1 to 5V, 4 to 20mA Voltage: 1M or more Current: channels 12 bit (0 to 4000) 2ms/4 channels 0.5%FS (25C) 1%FS (0 to 55C) 50mA
10V 1M or more 4 channels 12 bit (-2000 to 2000) 2ms/4 channels 0.5%FS (25C) 1%FS (0 to 55C) 50mA

AD628S

0 to 5V, 0 to 20mA Voltage: 500k or more Current: channels (isolated) 12 bit (0 to 4000) 2ms/8 channels 0.2%FS (25C) 1%FS (0 to 55C) 600mA

AD638S

10V 500k or more 8 channels (isolated) 12 bit (-2000 to 2000) 2ms/8 channels 0.2%FS (25C) 1%FS (0 to 55C) 600mA
5V, 10V, 0 to 5V, 0 to 10V, 1 to 5V, 0 to 20mA, 4 to 20mA Voltage: 1M or more Current: channels 16 bit (-32000 to 32000) (FS: 10V) 1ms/channel (8ms/8 channels) 0.2%FS (25C) 0.5%FS (0 to 55C) 300mA

Temperature Inputs:

Input signal Temperature input range Input channels Resolution Conversion cycle Overall accuracy Internal 5V power consumption
Thermocouple K, J, E 100mV K: -200 to 1200C J: -200 to 800C E: -200 to 600C 7 channels (1ch for CJC) 8 channels 16 bit (-32000 to 32000) 16 bit (0.05C/count) 1ms/channel (8ms/8 channel) (averaging available) 0.2%FS (25C), 0.5%FS (0 to 55C) 300mA
Pt100 (3-wire) -50 to 270C 4 channels 12 bit (0.1C/count) 200ms/4 channels 0.3%FS (25C) 500mA

Pulse Inputs:

Input channels Input voltage Input current Input pulse rate Counting rate Count value Counter operation mode Interrupt function Internal 5V power consumption
2 channels (phase A, B, M) 2 channels (phase A, B, M) 5/12/24V, 5% Conforms to RS422 15.5mA (5V), 15mA (12V), 12.5mA (24V) Max. 100kpps (other than quadrature) Max. 100kpps (other than quadrature) Max. 50kpps (quadrature) Max. 50kpps (quadrature) Max. 200k count/sec Max. 200k count/sec 24-bit binary (0 to 16777215) 24-bit binary (0 to 16777215) Quadrature bi-pulse counter (90 phase shift), up/down counter (phase A = up / phase B = down), auto-reset universal counter, speed counter, programmable interval timer, gate ON timer Interrupt generation at count match with preset (main unit only) 500mA 650mA

Analog Outputs:

Output signal Load impedance Output channels Resolution Conversion cycle Overall accuracy Internal 5V power consumption

DA622L

1 to 5V, 4to 20mA Voltage: 5k or more Current: 600 or less 2 channels 8 bit (0 to 250) 1ms/2 channels 1%FS (0 to 55C) 70mA
1 to 5V, 4to 20mA Voltage: 5k or more Current: 600 or less 2 channels 12 bit (0 to 4000) 1ms/2 channels 0.5%FS (25C) 1%FS (0 to 55C) 170mA

10V 5k or more 2 channels 12 bit (-2000 to 2000) 1ms/2 channels 0.5%FS (25C) 1%FS (0 to 55C) 170mA
Output signal Load impedance Output channels Resolution Conversion cycle Overall accuracy Output at PLC error Internal 5V power consumption
5V, 10V, 0 to 5V, 0 to 10V, 1 to 5V, 0 to 20mA, 4 to 20mA Voltage: 1k or more, current: 600 or less 4 channels 16 bit (-32000 to 32000) (FS: 10V) 1ms/channel (4ms/4 channels) 0.2%FS (25C) 0.5%FS (0 to 55C) 230mA

DA624S

0 to 20mA 550 or less 4 channels (isolated) 16 bit (0 to 64000) 1ms/4 channel or less 0.2%FS (25C) 0.5%FS (0 to 55C) Output hold or reset (selectable) 220mA

Change Detect DC Input

Input voltage Min. ON voltage Max. OFF voltage Input current Input points ON delay time OFF delay time Interrupt function Internal 5V power consumption
12 to 24Vdc, +10/-15% 9.6V 3.6V 7mA (at 24Vdc) 16 points (16 points/ common) 1ms or less 1ms or less Interrupt generation at input signal state changing* (main unit only) * signal state changing: rising / falling / both (user setting) 200mA

Communication Interface

Interface Transmission mode Synchronizing Protocol Bit rate Code Message length Connectable device Signal connection Internal 5V power consumption
RS232C, 1 port Full duplex Start-stop method (asynchronous) Non-procedure (trailing code detection) 300, 600, 1200, 2400, 4800, 9600, 19200 bps ASCII (7 or 8 bits) Max. 320 byte Computer, bar-code reader, display device, sensor, printer, or other serial ASCII devices D-Sub 9-pin connector (female) 550mA

Position Control Outputs

Number of axis Control method Axis control Control units Positioning range Pulse output speed Pulse output method Pulse output signal Acc/dec system Operation mode
2 axis Pulse train output Each axis independent, 2 axis linear interpolation Pulse, mm, inch, degree, etc. 9,999,999 (control units) Max. 200kpps CW/CCW or pulse + direction 5 to 24Vdc (50mA), RS422 Automatic trapezoidal Zero return, Jog, fix feed, direct positioning, point No operation, automatic stepping, jog/position switch, interrupt positioning Electric gear, over ride, position change, back-rash compensation, teaching, feed-back pulse input (for monitoring) 700mA
4 axis Pulse train output Each axis independent, 2 axis linear interpolation, 2 axis circular interpolation Pulse -134,217,727 to +134,217,726 Max. 1.3Mpps CW/CCW or pulse + direction RS422 Automatic trapezoidal / automatic S curve Zero return, Jog, direct positioning, point No operation, automatic stepping, pulsar input operation Over ride, position change, back-rash compensation, teaching 700mA
Other functions Internal 5V power consumption

AC Input

DC Output AC Output Relay Contact Output

Analog Input

RTD Input Thermocouple Input

Analog Output

Pulse Input Change Detect DC Input Position Control Communication Interface

Network Modules:

Name Ethernet FL-Net TOSLINE-S20 Description Ethernet 10/100 BaseT, for S2T CPU only. FL-Net controller station (Ver.2.0) FL-Net remote I/O station (Ver.2.0) TOSLINE-S20 co-axial bus (S2E) TOSLINE-S20 co-axial bus (S2T) TOSLINE-S20 optical bus (S2E) TOSLINE-S20LP (loop) optical bus (S2T) TOSLINE-S20DLP (double loop) optical bus (S2T) Scanner module Master station Remote station Type EN651A FL612 FL654 SN621 SN625 SN622 SN626 SN627 DN611A UN611 UN612 Part Number GEN651A*S GFL612**S GFL654**S GSN621**S GSN625**S GSN622**S GSN626**S GSN627**S GDN611A*S GUN611**S GUN612**S

DeviceNet TOSLINE-F10

Cables:
Name I/O Expansion Cables T-PDS Connection Cable Description 0.3m length 0.5m length 0.7m length 1.2m length 5m length Type CS6R3 CS6R5 CS6R7 CS6*1 CJ905 Part Number GCS6R3*CS GCS6R5*CS GCS6R7*CS GCS6*1*CS TCJ905*CS

Support Software:

Name Programming Tool S20 Configuration Tool DeviceNet Wizard DDE Server Description Windows95/98/Me/NT/2000/XP (English), CD-ROM version Windows95/98/Me/NT/2000/XP (English) DeviceNet Wizard for TOSHIBA (English) Windows98/Me/NT/2000 (English) Type TPDS32 S-LS T-PSV Part Number TMW3CE2SS SMW23E*SS TDW33E2SS TPV33E2SS

Miscellaneous:

Name Vacant Slot Cover Battery Description Blank module for vacant slot Spare lithium battery Type SP600 BT611 Part Number GSP600A*S GBT611*AS
Note: Type Number is often times the number found on a module. However the Part Number is necessary for ordering a new/replacement module.

EXTERNAL DIMENSIONS

BU668/BU648E 402.5 417

BU666 295.5 309.5

BU664/BU643D 224.5 238.5

135 137

Terminal block 143

Connector 169

Units = mm

QUALITY

Toshiba Corporation is a vertically integrated manufacturing company. Semiconductors are the building blocks of all electrical and electronic equipment and Toshiba is one of the leaders in semiconductor fabrication. Toshibas integration continues through printed circuit board assembly and testing to complete finished products (notebook computer, television, adjustable speed drive, X-ray machine, PLC, etc.)

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IPPT20011025, ECJ, Toshiba v Katun Katun product number allows the customer to compare prices. 19. Katun also submits that the decision of the Bundesgerichtshof of 28 March 1996 is incompatible with Community law in the light of Directive 84/450 as amended, which allows comparative advertising. That directive in principle allows advertising enabling a price comparison to be made between spare parts and accessories of the original manufacturer and those of a competing supplier. Katun could not indicate the actual product being compared if it were unable to use Toshiba Europe's product numbers and could refer only to the corresponding photocopier model, there being numerous, mutually indistinguishable accessories and spare parts for different photocopier models. 20. Considering that the determination of the dispute before it depended in particular on the interpretation of Articles 2(2a) and 3a(1)(c) and (g) of Directive 84/450 as amended, the Landgericht Dsseldorf decided to stay proceedings and to refer the following questions to the Court for a preliminary ruling: 1. Is advertising by a supplier of spare parts and consumable items for an equipment manufacturer's product to be regarded as comparative advertising within the meaning of Article 2(2a) of the directive if the advertising indicates the manufacturer's product numbers (OEM numbers) for the relevant original spare parts and consumable items for reference purposes in order to identify the supplier's products? 2. If Question 1 is to be answered in the affirmative: (a) Does the display of the equipment manufacturer's product numbers (OEM numbers) alongside the supplier's own order numbers constitute a comparison of goods permissible under Article 3a(1)(c) of the directive, in particular a comparison of the prices? (b) Are the product numbers (OEM numbers) distinguishing marks of a competitor within the meaning of Article 3a(1)(g)? 3. If Question 2 is to be answered in the affirmative: (a) What are the criteria to be used when assessing whether an advertisement within the meaning of Article 2(2a) takes unfair advantage of the reputation of a distinguishing mark of a competitor within the meaning of Article 3a(1)(g)? (b) Is the fact that the equipment manufacturer's product numbers (OEM numbers) appear alongside the supplier's own order numbers sufficient to justify an allegation that unfair advantage is being taken of the reputation of the distinguishing mark of a competitor within the meaning of Article 3a(1)(g), if the third party competitor could instead indicate in each case the product for which the consumable item or spare part is suitable? (c) When assessing unfairness, does it matter whether a reference (solely) to the product for which the consumable item or spare part is suitable, rather than to the product number (OEM number), is likely to make sale of the supplier's products difficult, particularly because customers generally go by the equipment manufacturer's product numbers (OEM numbers)? Question 1 and Question 2(a) Page 3 of 16

eral interpretation, they would render unlawful any reference enabling a competitor, or the goods or services which he offers, to be identified in a representation which did not contain a comparison within the meaning of Article 3a. That would have to be the case where there were mere mention of the trade mark of the manufacturer of the original models or of the reference numbers of models for which the spare parts and consumable items are manufactured. In the main proceedings, Toshiba Europe does not contest Katun's use of such marks or reference numbers. 34. However, it is apparent from Article 6(1)(c) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) and the case-law of the Court (Case C-63/97 BMW [1999] ECR I-905, paragraphs 58 to 60) that the use of another person's trade mark may be legitimate where it is necessary to inform the public of the nature of the products or the intended purpose of the services offered. 35. A literal interpretation of Directive 84/450 as amended results in a contradiction with Directive 89/104 and cannot therefore be accepted. 36. In those circumstances, it is necessary to take account of the objectives of Directive 84/450 as amended. According to the second recital of the preamble to Directive 97/55, comparative advertising will help demonstrate objectively the merits of the various comparable products and thus stimulate competition between suppliers of goods and services to the consumer's advantage. 37. For those reasons, the conditions required of comparative advertising must be interpreted in the sense most favourable to it. 38. In a situation such as that in the main proceedings, specification of the product numbers of the equipment manufacturer alongside a competing supplier's product numbers enables the public to identify precisely the products of the equipment manufacturer to which that supplier's products correspond. 39. Such an indication does however constitute a positive statement that the two products have equivalent technical features, that is to say, a comparison of material, relevant, verifiable and representative features of the products within the meaning of Article 3a(1)(c) of Directive 84/450 as amended. 40. The answer to Question 1 and Question 2(a) must therefore be that, on a proper construction of Articles 2(2a) and 3a(1)(c) of Directive 84/450 as amended, the indication, in the catalogue of a supplier of spare parts and consumable items suitable for the products of an equipment manufacturer, of product numbers (OEM numbers) by which the equipment manufacturer designates the spare parts and consumable items which he himself sells may constitute comparative advertising which objectively compares one or more material, relevant, verifiable and representative features of goods. Question 2(b) and Question 3 41. By Question 2(b) and Question 3, the national court asks in substance whether, on a proper construction of Article 3a(1)(g) of Directive 84/450 as amended, prodwww.ip-portal.eu

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IPPT20011025, ECJ, Toshiba v Katun tiser and the trade mark owner (see the judgment in BMW, cited above, paragraph 40). 56. As stated in paragraph 39 above, the indication of an equipment manufacturer's product numbers alongside a competing supplier's product numbers constitutes a positive statement that the technical features of the two products are equivalent, that is to say, it is a comparison within the meaning of Article 3a(1)(c) of Directive 84/450 as amended. 57. It is, however, necessary to determine also whether that indication could cause the public to associate the equipment manufacturer, whose products are those identified, with the competing supplier, in that the public might associate the reputation of that manufacturer's products with the products of the competing supplier. 58. In order to make that determination, the overall presentation of the advertising at issue must be considered. The equipment manufacturer's product number may be only one of several indications in it relating to that manufacturer and his products. The trade mark of the competing supplier and the specific nature of his products may also be highlighted in such a way that no confusion or association is possible between the manufacturer and the competing supplier or between their respective products. 59. In the present case, it appears that Katun would have difficulty in comparing its products with those of Toshiba Europe if it did not refer to the latter's order numbers. It also seems clear from the examples of Katun's lists of spare parts and consumable items set out in the order for reference that a clear distinction is made between Katun and Toshiba Europe, so that they do not appear to give a false impression concerning the origin of Katun's products. 60. In the light of those considerations, the answer to be given to Question 2(b) and Question 3 is that, on a proper construction of Article 3a(1)(g) of Directive 84/450 as amended, where product numbers (OEM numbers) of an equipment manufacturer are, as such, distinguishing marks within the meaning of that provision, their use in the catalogues of a competing supplier enables him to take unfair advantage of the reputation attached to those marks only if the effect of the reference to them is to create, in the mind of the persons at whom the advertising is directed, an association between the manufacturer whose products are identified and the competing supplier, in that those persons associate the reputation of the manufacturer's products with the products of the competing supplier. In order to determine whether that condition is satisfied, account should be taken of the overall presentation of the advertising at issue and the type of persons for whom the advertising is intended. Costs 61. The costs incurred by the French and Austrian Governments and by the Commission, which have submitted observations to the Court are not recoverable. Since these proceedings are for the parties in the main proceedings, a step in the proceedings pending before the national court the decision on costs is a matter for that court. Page 6 of 16

On those grounds, THE COURT (Fifth Chamber), in answer to the questions referred to it by the Landgericht Dsseldorf by order of 19 January 1999, hereby rules: 1. On a proper construction of Articles 2(2a) and 3a(1)(c) of Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising, as amended by Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997, the indication, in the catalogue of a supplier of spare parts and consumable items suitable for the products of an equipment manufacturer, of product numbers (OEM numbers) by which the equipment manufacturer designates the spare parts and consumable items which he himself sells may constitute comparative advertising which objectively compares one or more material, relevant, verifiable and representative features of goods. 2. On a proper construction of Article 3a(1)(g) of Directive 84/450 as amended by Directive 97/55, where product numbers (OEM numbers) of an equipment manufacturer are, as such, distinguishing marks within the meaning of that provision, their use in the catalogues of a competing supplier enables him to take unfair advantage of the reputation attached to those marks only if the effect of the reference to them is to create, in the mind of the persons at whom the advertising is directed, an association between the manufacturer whose products are identified and the competing supplier, in that those persons associate the reputation of the manufacturer's products with the products of the competing supplier. In order to determine whether that condition is satisfied, account should be taken of the overall presentation of the advertising at issue and the type of persons for whom the advertising is intended.
OPINION OF ADVOCATE GENERAL LGER delivered on 8 February 2001 (1) Case C-112/99 Toshiba Europe GmbH v Katun Germany GmbH (Reference for a preliminary ruling from the Landgericht Dsseldorf (Germany)) (Comparative advertising - Marketing of spare parts and consumable items - References by a supplier of non-original spare parts and consumable items to the product numbers specific to the original spare parts and consumable items) 1. The concept of comparative advertising is new to Community law. For a long time the Member States were hostile to it. Only recently, following the adoption of Directive 97/55/EC, (2) was the introduction of comparative advertising into the national legal systems accepted as a matter of principle, but only subject to very strict conditions as to the circumstances in which it is permitted.

larly because customers generally go by the equipment manufacturer's product numbers (OEM numbers)? IV - The definition of comparative advertising (Question 1) 22. By its first question the national court asks whether the definition of comparative advertising in Article 2(2a) of the Directive covers advertising by an economic operator to promote products intended for use with equipment manufactured by another economic operator, when the advertising indicates the product numbers used by the other operator to identify its products alongside the product numbers used by the advertiser for the purposes of identifying his products. 23. According to Article 2(1) of the Directive, advertising means, for the purposes of the Directive, the making of a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services, including immovable property, rights and obligations. 24. The Landgericht Dsseldorf is in no doubt that the practice in question constitutes advertising within the meaning of the Directive, as it classifies as advertising the use of catalogues issued with a view to informing customers of the existence and characteristics of the issuer's products. (7) 25. It is not disputed that the catalogues in question were created with a view to the promotion and sale of Katun's products, by providing consumers (8) with information on replacement parts and consumable items required to operate Toshiba photocopiers. 26. The next question is the comparative nature of the advertising. Apart from Toshiba, none of the interveners disputes this classification. The national court itself states that Directive 97/55 is applicable to the main proceedings, even though it has made that issue the subject of a preliminary reference. (9) This presupposes that it considered the advertising which is the subjectmatter of the dispute to be comparative. 27. In order to answer the national court, regard should be had to the elements of the Directive which reflect the aim of the Community legislature, and to the wording of the relevant provisions in it. 28. Both the wording and purpose of the Directive militate in favour of a broad interpretation of the concept in question. 29. Article 2(2a) refers to any advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor. 30. This provision displays two features. The first is the absence of a clear requirement that there be an express comparison. The definition does not state that, in order to fall within the concept of comparative advertising, an advertisement must describe the relative merits of goods or services. This requirement is laid down later on in the Directive, at the point where it deals with the conditions in which comparative advertising is lawful. This omission may be understood as a sign that the Community legislature was seeking to cover the widest possible number of business communication practices affecting several competing economic operators. It may be concluded that a comwww.ip-portal.eu

IPPT20011025, ECJ, Toshiba v Katun has a meaning, as being a form of implicit comparison whose purpose is to highlight the similarities between them. In other words, even where there is no express statement making clear their similarities or differences, the representation of two products leads logically to the conclusion that they are interchangeable. The general and vague manner in which the two products are passively placed alongside one another leads one to conclude, in this case, that the advertiser seeks to present them as wholly equivalent. 49. It remains to be established whether an implicit comparison may be considered to be an objective comparison within the meaning of Article 3a(1)(c) of the Directive. One might also ask whether this is the case when the implicit comparison is made in a general manner, in such a way that it appears to present the products as being wholly identical. 50. It should be remembered that for a comparison to be objective the representations made as to the qualities or deficiencies of the product must be verifiable. (14) 51. An implicit comparison is not necessarily subjective if the information which it contains, provided it is objective, is not ambiguous. To say, for example, that an item is more attractive than or superior to another product is a subjective appraisal. But simultaneously to present two products, without providing any description of them, in such a way that it may be taken that they are intended for the same purpose should be considered, in that regard, as an objective comparison, because it is verifiable, notwithstanding the implicit nature of the information. 52. In this context, the display of product numbers alongside one another constitutes an objective comparison, as regards the purpose or use of the replacement parts and consumable items. It is clear that to treat in the same way products supplied from the two sources is first and foremost an expression of functional identity, the message implicitly but unambiguously conveyed being that the Katun product is, like its Toshiba equivalent, intended to service a Toshiba photocopier. 53. The same conclusion is necessary with regard to the price comparison. Article 3a(1)(c) of the Directive states that price is one of the possible features which may be compared. Price is given by way of example, as is clear from the wording of the article, which provides that the material, relevant, verifiable and representative features of the goods may include price. According to Katun, its catalogues include a comparison of prices within the meaning of Article 3a(1)(c) of the Directive in that it is suggested in the catalogues that a lower price is charged for products of the same quality. (15) Even if, in the documents before the Court, there is no indication of price in the catalogues, such a claim should be regarded as free of subjectivity. A competitor who has been harmed can show perfectly well that the prices actually charged rebut the statements in the advertisement. Consumers can also verify the truth of this information by recourse to other sources, such as price lists issued by the two competing suppliers.

another economic operator, which indicates the product references used by the latter operator to identify his own products alongside references to the products of the advertiser, the aim being to identifying the advertiser's products, amounts to comparative advertising within the meaning of Article 2(2a) of the Directive, where that indication allows an ordinarily wellinformed person to identify the economic operator whose product references are included in the advertising. 39. It is for the Landgericht Dsseldorf to verify whether the mere reference to product numbers in Katun's catalogue is adequate in the eyes of an ordinarily well-informed person to identify Toshiba's products. V - Objective comparison of goods (Question 2(a)) 40. Comparative advertising is permitted when the conditions set out in Article 3a(1) of the Directive are met. According to Recital 11 in Directive 97/55 the conditions of comparative advertising should be cumulative and respected in their entirety. 41. The conditions laid down by the Directive are both positive and negative in the sense that in order to be treated as comparative, advertising must have certain features, but at the same time not have others. 42. Among the positive conditions is the requirement in Article 3a(1)(c) that there should be an objective comparison of the goods. 43. The special and difficult feature of the situation before the national court is the fact that the displaying of the supplier's numbers alongside those of the original manufacturer is not accompanied by any comparative description of the products at issue. 44. Katun has not identified the respective characteristics of the two products in order to show what they do or do not have in common. One might assume from this that, despite its characterisation in law, the advertising in question does not in fact make any comparison. 45. The facts in the main action have an ambiguous aspect which may explain this difficulty. In Katun's advertising one sees the double justification for comparative advertising - improving the information available to consumers and stimulating competition. 46. As Katun submits, the display of the order numbers alongside each other signifies that the various products made by it are technically identical to the corresponding products made by the manufacturer of the original equipment, and may accordingly be used in the same way in the latter's equipment. (12) By doing this, Katun may appear content to inform its customers of the purpose and functions of its own products, without at the same time actively comparing the two competing products. 47. Nevertheless, the advertising in question is not devoid of any comparative function. The juxtaposition of the two references to products is a development of that approach, although this does not ensure that it is a lawful one. 48. If comparison consists in the act of contemplating together two or more things with a view to determining similarities or differences, (13) one could consider the juxtaposition of two numbers, each of which in itself

54. Thus, the equality suggested by the advertising in this case comprises a number of objective items of information, such as the price and the purpose to which the goods may be put, which it is straightforward to identify and to verify. From this point of view, it could be considered as leading to an objective comparison of material, relevant, verifiable and representative features of the goods in question within the meaning of Article 3a(1)(c) of the Directive. 55. However, a method of comparison which consists in presenting two products or two sets of references alongside one another without at the same time providing even a minimal commentary on their similar or different features is capable, in my opinion, by not identifying exactly these points of comparison, of giving rise to confusion which is harmful to the competing economic operator. 56. If the implicit nature of the comparison is not in itself enough to render the advertising unfair, the same is not so of its general character. The passive juxtaposition of the products is an invitation to treat as equivalent characteristics which are not all capable of being identified. If one ignores the price or the purpose of the supplies in question, the advertising appears to convey a desire by the advertiser to confer on his product all the virtues of the competing product, including those which belong to the competitor's trade mark itself. 57. It should be remembered that not only is each order number set out alongside the other on the line corresponding to the product in question, but also that Katun states that its products are cheaper while still providing the same level of quality and performance. (16) 58. The juxtaposition of the product references without any descriptive commentary shows the advertiser's intention to suggest an identity of quality between its products and those of its competitor. The quality of a product is the result of a number of positive features which can often be difficult to identify precisely and completely, even where the product in question is a simple one. 59. The objectivity of the information is masked by the impossibility of listing the features on which the comparison is based, and consequently of verifying the merits claimed for them. Seen from this perspective and having regard to the documents before the Court, advertising of this kind does not appear to me to comply with the requirement for an objective presentation of the goods. 60. It will be for the national court to satisfy itself on this point, by establishing whether this presentation is accompanied by a precise and concrete description of the merits or deficiencies of the advertised products, such as their durability, reliability or ease of use. 61. It must therefore be concluded that comparative advertising which mentions the references used by the advertiser for products manufactured by him alongside the references used by another, competing, economic operator for its own products, without any other information being provided as to the respective features of the products advertised, does not amount to an objecwww.ip-portal.eu

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IPPT20011025, ECJ, Toshiba v Katun tribution of the advertiser's products (third question, paragraph (c)). 76. As is shown by the wording of Article 3a(1)(g) of the Directive, it is difficult to permit the use of comparative advertising without at the same time accepting a risk of seeing the advertiser take for himself a share of his competitor's reputation. That is why the provision in question restricts itself to prohibiting advertising which unfairly takes advantage of the reputation of a competitor. There could be no clearer expression of the idea that a share of the benefit of this reputation is inevitably diverted to the advertiser. 77. Indeed, the fact that an economic operator can challenge the supremacy or simply the market position of a competitor merely by identifying the competitor may encourage the operator, when the other has the benefit of a certain reputation, to follow in his wake so as to share the fruits of his reputation. In such a case, the mere juxtaposition of the name of the advertiser and of his competitor, whether it be to promote the notion that the products are equivalent or to affirm the superiority of one over the other, leads the advertiser to take advantage of the reputation of the competitor. 78. This point is particularly clearly demonstrated in a case such as the present one, where the subject of the advertising is a spare part which is necessary to the functioning of equipment bearing the trade mark of the competitor. The manufacturer of products intended for equipment bearing a trade mark which is familiar to consumers derives some advantage from the reputation of this mark. In allowing comparative advertising, one must accept that such advertising may to some extent magnify this effect. 79. It follows that it is necessary to establish the point beyond which an advertiser should be considered to be acting unfairly. 80. That is the case where a step is taken by the advertiser only with a view to taking advantage of the reputation of his competitor for the benefit of his own activities. On the other hand, there could not truly be considered to be an unfair advantage where the content of the comparative advertising can be justified by reference to certain conditions. 81. According to Recital 14, the effectiveness of comparative advertising may depend on the identification of a competitor's products by reference to its trade mark or trade name. Recital 15 states that the intended target of allowing an advertiser to use the distinguishing marks of a competitor is solely to distinguish between them and thus to highlight the differences objectively. 82. It follows from this that a competitor may use an economic operator's exclusive right to his trade mark or other distinguishing marks if the reference in question is justified by the requirements of comparative advertising. The advertiser may make these references if the comparison of the merits and deficiencies of the competing products is made impossible or, more simply, would be impaired by a failure to identify the competitor. 83. The principle of the right to refer to a competitor is not in question. It is doubtful that there could be comPage 12 of 16

Toshiba's claim is that the identification of Katun products and their purpose does not require that reference be made to its own products. 98. In order to find the existence of conduct which takes unfair advantage of the reputation of a competitor, one must have regard to the fact that the references of the competing undertaking are displayed alongside those of the other undertaking, thereby suggesting that the two products are equal. 99. It is not the function of the Court of Justice to rule on whether it is necessary for the advertiser to mention alongside the reference numbers of his own products those of his competitor. The Court must, however, provide the national court with the guidelines to enable it to carry out this analysis. 100. What is important, in my view, to achieve the objectives of the Directive is that the information which the advertiser seeks to communicate to consumers as to the use to which the products may be put can be communicated effectively. 101. The methods which are to be allowed in order to achieve this purpose should use the reputation of the competitor sparingly. The use of his distinctive marks should only be allowed where there are no other ways in which the comparison may be made. 102. In the present case, the national court should establish if there are any ways in which the use of Katun's products can be revealed other than by referring to Toshiba's product numbers. It should take account of the fact that the trade mark of the equipment for which the products are designed can quite legitimately be referred to. It should ask whether it is not possible to depict the equipment in detail, indicating the locations of the different accessories. The national court could consider any other alternatives which would allow Katun to dispense with the use of Toshiba's numbering system, such as a written description of the purpose of the products. 103. I do not consider that the fact that another system of comparison makes distribution of the products by the supplier more difficult is material when establishing the problems that might be caused by a prohibition on the use of order numbers. 104. To say that the use of a competitor's product numbers facilitates the distribution of one's own products is equivalent to admitting that one is taking advantage of the reputation of the competitor. The numbering system represents one of the ways in which he may sustain this reputation by making his identity more easily known to consumers. 105. It follows that the use of those numbers by a competing operator should not be permitted unless it has first been established that there is no other practicable way of allowing him to market the products thereby identified in a competitive manner. The advantage of using product numbers in order to sell the products are not thereby necessarily lawful, as they originate with the competitor himself. (27) 106. It follows that account may be taken of the consequences of not being able to refer to the product number of the competing product only if no other soluwww.ip-portal.eu

IPPT20011025, ECJ, Toshiba v Katun to identifying the latter products, takes unfair advantage of the reputation of another, within the meaning of Article 3a(1)(g) of Directive 84/450, where the references specific to the competing economic operator are distinguishing marks within the meaning of Article 3a(1)(g) of Directive 84/450 and the use of these references is not necessary to inform customers on the features of the products being compared. To establish whether an advertiser takes unfair advantage of the reputation of a competitor within the meaning of Article 3a(1)(g) of Directive 84/450, it is not necessary to have regard to the fact that a method of comparison other than the one which mentions the references used by the competitor for his own products would make the distribution of the advertiser's products more difficult.
115. That is why I consider that an advertiser who uses the distinguishing mark of a competitor alongside his own product references, but who makes an implicit price comparison is more likely to take unfair advantage of the reputation of that competitor than someone who makes use of the same parallel display but also mentions the price of the products advertised. 116. It follows that comparative advertising whose aim is price comparison may not use the distinguishing mark of a competitor without explicitly mentioning the prices of each of the products compared. Conclusion 117. In the light of these considerations, I propose the following answers to the questions referred for a preliminary ruling from the Landgericht Dsseldorf: (1) Advertising by an economic operator to promote products intended to be used with equipment manufactured by another economic operator which indicates the product references used by the latter to identify his own products alongside the references used by the advertiser for his products, the aim being to identify the advertiser's products, constitutes comparative advertising within the meaning of Article 2(2a) of Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of laws, regulations and administrative provisions of the Member States concerning misleading advertising, as amended by Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997 concerning misleading advertising so as to include comparative advertising, where this indication allows an ordinarily well-informed person to identify the economic operator whose product references are used in the advertising. (2) Comparative advertising which mentions the references used by another economic operator for his own products alongside the references used by the advertiser for his products, the aim being to identify the advertiser's products, without any further information being provided as to the respective features of the products advertised, does not constitute an objective comparison within the meaning of Article 3a(1)(c) of Directive 84/450. Nor is there an objective comparison where the comparative advertising represents the products in question as being of the same quality without at the same time describing the verifiable features of these products justifying this view, even if the comparative advertising states that the advertiser's products are being sold at a lower price. (3) References given by an economic operator to the products he manufactures in order to facilitate their identification constitute distinguishing marks within the meaning of Article 3a(1)(g) of Directive 84/450, where those references enable an ordinarily wellinformed person to identify the economic operator in question. (4) A manufacturer of products intended to be used with equipment manufactured by another economic operator, whose advertising mentions the references used by the latter for his own products alongside the references for the products he offers for sale, the aim being

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