At the end of May this year, the World Intellectual Property Organization (WIPO) introduced a new online service for a wide range of users called WIPO PROOF. The service is an effective tool for creating evidence of the existence of documents or data relating to any intellectual property rights at a specific point in time, thus complementing existing systems for the protection of intellectual property rights.
In general
The World Intellectual Property Organization (WIPO) introduced a new service that will provide all intellectual property rights holders with a new powerful tool for proving the existence of a particular right at a given time. This tool does not cover just the protection of typical intellectual property rights, such as patents or copyrights, but also trade secrets, artificial intelligence algorithms or a business records. The new evidence tool does not work on the same principle as a classic database (such as a trademark database or a patent database). How does it differ in functionality from these databases?
The principle of operation
WIPO PROOF is an online service that creates evidence of the existence of a digital intellectual property file at any particular point in time. Simply put, through this service, the user can at any time receive “confirmation” of possession of any documents that he has available in electronic form and that relate to his intellectual property rights. After processing the application, the system creates a WIPO PROOF certificate (the so-called token) to identify the relevant electronic files, i.e. an internationally recognized digital identifier with the date and time, which can be used as evidence in litigation. In this way, the applicant obtains confirmation that it was he who at the relevant time had the relevant materials (relating to intellectual property rights) at his disposal. WIPO PROOF tokens can be purchased once for a fee of CHF 20 or in a package valid for two years for more documents (10 documents at a reduced rate of CHF 190).
The benefits of use
Undoubtedly, the main benefit is the fact that the generated token can be used as a means of evidence due to the fact that it proves the existence of a specific documentation (digital file) at a certain point in time, as well as the person who had these documents in possession at that point. WIPO anticipates that tokens will be used primarily as evidence in the event of a dispute based on illegal conduct and infringement of intellectual property rights. WIPO PROOF can be used in countries that legally recognize and accept certified digital evidence.
The use of the service is maximally trustworthy and secure, and therefore there is no reason to fear the misuse of data by third parties. The highest standard of digital encryption technology is applied to the service and all data is stored on secure servers in Switzerland (this applies to the relevant identifiers; the source files / digital files themselves remain the property of the users and are not copied onto the WIPO servers). The new online service is cost-effective especially for those applicants who subscribe to a discounted token package valid for two years.
Conclusion
The new WIPO PROOF service brings into the legal practice an important new tool for obtaining evidence of the existence of documents certifying intellectual property rights at a specific time. The service complements existing IP systems by helping innovators and creators take verifiable steps to protect many of the outputs of their work from development to commercialization. WIPO PROOF is officially another tool for strategic management of intellectual property.
In case of any questions regarding the intellectual property right or the rights directly arising from it, we are at your disposal – do not hesitate to contact us.
Eliška Vetýšková, legal assistant – vetyskova@plegal.cz
JUDr. Tadeáš Petr, partner – petr@plegal.cz
17.07.2020