A timestamp is a string of information used to record the date a piece of data was created, modified, sent, or received, generally for the purpose of verifying the time of its creation. Recording arrival and departure times on postcards and date stamps on letters are examples of timestamps. Similarly, the Word document on your desktop contains a record of when the file was created. This is also a type of timestamp.

Now, the definition of timestamp has evolved somewhat, and it's used to identify the time electronic data was created, modified, sent, received, or recorded. The World Intellectual Property Organization (WIPO) has also announced that it has begun providing a timestamp service thanks to WIPO PROOF.

This time-stamping service can be used, for example, to prove the creation date of a creative work in the event of a potential dispute, especially if a trademark application for that work is not available. These creative works can include artistic works, music, software, and textile designs.

So, in what other cases might WIPO PROOF be preferred over a registration application? For values where confidentiality is crucial for companies, such as trade secrets, no registration application is specifically made. It can be used to prove the initial creation date in the event of a legal requirement. Alternatively, research results or data still in the development phase can be registered with this stamp until the completion of research and development activities before an application can be submitted. It can also be used to provide proof of the existence of creative works such as software code and designs to facilitate licensing and transfer processes. This service can be particularly useful in managing documents related to intellectual property rights, such as licenses and confidentiality agreements, supporting evidence for grace periods, and post-registration defenses of registered intellectual property.

This process, which also has implications for trademarks, can be utilized in common law jurisdictions where first use is crucial, to prove the date of first use of the trademark. This will also provide evidence for the unregistered protection period. It even allows for the registration of the trademark as it will be used in the market, starting from the very beginning of promotional activities. This can be done with actual product samples.

It will also have a significant impact on design protection. Proof of first use is particularly important in countries like China, Japan, and South Korea, where disputes are rife. In the design world, which provides a wide variety of products, from flooring to fashion, most designs are not subject to protection applications. Even when design applications are submitted, situations may arise where proof of first use of the pattern is necessary. In these cases, WIPO PROOF can be used.

However, this time-stamping service provided by WIPO should not be confused with the registration service. While it provides proof of the date a work/digital record/intellectual product was created, it does not constitute an official registration. It simply provides the support of a globally trusted timestamp authority to prove the date and time of creation of digital data.

To benefit from the special protections of international agreements and laws concerning the protection of industrial property, it is essential for rights holders to register their rights with the relevant official institutions. When asserting these registered rights in potential disputes, time-stamped evidence will be far more useful than documents in hundreds of folders that cannot fit in a cabinet in a world approaching complete digitalization.

Dilem SAYAN EREN
Industrial Property Expert
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