Blockchain timestamping for intellectual property

Blockchain timestamping is a method that allows creators to prove a file existed on a specific date, using a digital fingerprint recorded on a blockchain. This technique is increasingly used in intellectual property disputes to establish prior existence or creation dates.

How blockchain timestamping works

Blockchain timestamping uses cryptographic hash functions, such as SHA-256, to generate a unique digital fingerprint from a file. This fingerprint is then recorded on a public blockchain, ensuring that the file's existence on a specific date can be verified later without revealing the file's content.

Limitations of blockchain timestamping

Blockchain timestamping provides a verifiable date but does not confirm the file's initial creation date or the identity of its creator. It also does not automatically prove intellectual property rights, as the content must meet specific legal criteria for protection, such as originality.

Legal recognition in France

According to French law, blockchain timestamping can be used as evidence in court. The Ministry of Justice confirmed this in 2019, stating that such evidence can be legally produced, though its probative value is assessed by the court. A recent case in Marseille used blockchain timestamping alongside a commissioner of justice report to establish ownership of clothing designs.

EIDAS regulation and electronic timestamps

The eIDAS regulation, an EU law, clarifies that electronic timestamps are admissible in court, even if they do not meet the stricter requirements of qualified electronic timestamps. This means blockchain timestamping can be used as evidence, though it does not automatically carry the same legal presumption of accuracy as qualified timestamps.

Qualified vs. unqualified electronic timestamps

Qualified electronic timestamps benefit from a legal presumption of accuracy, while unqualified ones require independent verification. Blockchain timestamping falls into the latter category unless it meets the specific criteria outlined in the eIDAS regulation, such as reliable time sources and secure signing mechanisms.

Verification and technical considerations

To verify a blockchain timestamp, one must check the transaction on the blockchain, compare the digital fingerprint of the presented file with the one recorded, and ensure the dating mechanism is clear. This process relies on the user maintaining the original file and the necessary verification data.

Timestamping does not prove authorship

A timestamp does not confirm the creator of a file. Legal proof of authorship may require additional evidence such as preparatory documents, contracts, or professional exchanges. The timestamping process itself does not establish the creator’s legal status or rights.

Timestamping and copyright protection

A timestamp does not prove that a file is protected by copyright. Copyright protection requires the work to meet legal criteria such as originality. Similarly, a timestamp of an invention does not replace a patent filing, and a timestamp of a brand does not replace a trademark filing.

Timestamping and communication of content

A timestamp does not prove that a file was shared with a specific person. In disputes about confidential information or project sharing, additional evidence such as emails, meeting notes, or non-disclosure agreements may be necessary to establish the circumstances of the communication.

Blockchain timestamping and traditional methods

Blockchain timestamping is not a direct substitute for traditional methods like the e-Soleau envelope or qualified electronic timestamping. Each method has different technical and legal characteristics, and the choice depends on factors such as content confidentiality, legal stakes, and the need for independent verification.

Practical considerations for users

Users must preserve the original file and its digital data, keep verification information, document the creation process, and consider the long-term availability of verification tools. Early timestamping is also recommended to avoid disputes over the file's prior existence.

Conclusion on blockchain timestamping

Blockchain timestamping offers a valuable tool for documenting the existence of a file on a specific date, with strong potential for independent verification. However, its legal value depends on the specific circumstances, and it must be used alongside other evidence and legal strategies to fully support intellectual property claims.