WIPO Joined The Game - WIPO Proof

The time stamp is a piece of encoded information used generally to register the time of creation, modification, transmission, and/or collection of data in order to verify its occurrence date. For instance, RFID card readers and time stamps on letters are the examples of that. Again, the Word files on your desktop have records stating the creation date of the file. This also is a kind of a time stamp.

Nowadays, the definition for time stamp has altered a little and started to be used for determining the creation, modification, transmission, collection, and/or registration date of the electronic data. World Intellectual Property Rights Organization (WIPO) also has recently announced that now they provide time stamp services with WIPO PROOF.

This time stamp service will serve to prove the creation date of a work, for instance in cases where the registration application cannot be made on creative works and a possible conflict occurs. These creative works can be artworks or music, software or textile designs.

So, other than those, in which cases WIPO PROOF can be preferred instead of applying for registration? For assets like trading secrets which should be kept secret for companies, it is not applied for registration separately. WIPO PROOF can be used to prove the creation date of the asset in case of any legal requirement. It can also be used to register research results and data which are still being developed and cannot be applied for until R&D activities are completed. Again, it can be utilized for proving the existence of creative works like software codes and designs to facilitate licensing and transfer processes. This service will be especially effective for defense arguments regarding intellectual property licensing, managing of documents like confidentiality agreements, supporting evidence for unauthorized use, and post-registration process for intellectual property rights.

Also instrumental for trademarks, it can be used in "common law" areas where the first use date is important to prove the trademark’s first use date of the work and act as proof to have present in the unregistered protection period. It even allows trademarks to register a work in the form it will be used in the market starting from its advertising period. This procedure will be able to be completed with real product samples and again will be very effective for design protection. In countries like China, Japan and South Korea where conflicts rise a lot, proving the first use becomes important every day. In the design world, which produces plenty of products in quality and quantity for areas from flooring to the fashion world, for most of the designs, it is not applied for the protection of intellectual rights. Even if the application is made, in some cases situations may arise where the first use of the design in question should be proved. WIPO PROOF will be functional in these cases.

However, this time stamp service provided with WIPO should not be mistaken with the registration service itself. Even though WIPO proves the creation date of a work or digital record, it does not provide an official registration but acts as support from a globally trusted time stamp authority for proving the creation date and time of digital data.

In order to enjoy the special protection provided by international agreements and laws, it is essential for the right holders to have their rights registered by the relevant offices. While these registered rights are asserted in possible conflicts, proofs with time stamps will be more useful in the future of a world which is about to be fully digital compared to documents in hundreds of folders that do not fit in cabinets.

Dilem SAYAN EREN
Senior Ip Specialist
Destek Patent