Legal Validity of CertVera

Legal Overview of Intellectual Property Rights

Copyright Law

Governing Framework

Copyright laws protect original works of authorship, including literature, music, art, software, and more. In most jurisdictions, copyright protection is automatic upon creation.

Key Legal Principles

  • Fixation Requirement: Works must be "fixed in a tangible medium of expression." Digital files meet this requirement.
  • Proof of Ownership and Priority: Establishing ownership and creation date is crucial in disputes.

How CertVera Applies

CertVera's blockchain-based certification creates an immutable timestamp, serving as compelling evidence of ownership and creation date for digital works.

Legal Sufficiency

Many jurisdictions now accept blockchain-based timestamps as admissible evidence, including:

  • U.S. Federal Rule of Evidence 901 - Link to Rule
  • EU eIDAS Regulation (EU Regulation No 910/2014) - Link to Regulation
  • U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) - Link to Act

Trademark Law

Governing Framework

Trademarks protect symbols, logos, phrases, and designs that distinguish the source of goods or services. Rights can be established through registration or use in commerce.

Key Legal Principles

  • Proof of First Use in Commerce: Critical for asserting priority in trademark claims.
  • Demonstrating Continuous Use: Often required to maintain rights.

How CertVera Applies

CertVera can certify the first date of use of a trademark in commerce, providing immutable proof of usage dates.

Legal Sufficiency

CertVera's blockchain records can be valuable evidence in proving priority in trademark disputes, especially when combined with other forms of documentation.

Patent Law

Governing Framework

Patents protect inventions by giving inventors exclusive rights for a limited period. Formal application with a patent office is required.

Key Legal Principles

  • Proof of Conception and Reduction to Practice: Important in patent disputes, especially under "first-to-file" systems.
  • "Poor Man's Patent": While not legally binding, CertVera provides a more secure and verifiable alternative.

How CertVera Applies

CertVera can certify the date when an invention's description, technical drawings, or prototype documentation was created, providing verifiable proof of the inventor's actions.

Legal Sufficiency

While not granting patent rights, CertVera's blockchain timestamps can serve as supporting evidence in disputes or prior art claims.

General Legal Considerations

Admissibility in Court

Courts worldwide are increasingly recognizing the evidentiary value of blockchain records due to their immutability and reliability. CertVera's blockchain-based records can be successfully used in legal proceedings to establish authenticity and ownership, providing a reliable foundation for intellectual property claims.

Authentication and Integrity

CertVera's cryptographic nature ensures document integrity, a critical factor in legal disputes. This cryptographic security is recognized under EU eIDAS Regulation, which establishes standards for electronic identification and trust services.

Protect Your Intellectual Property Now