Protect intellectual property thanks to the Blockchain

Blockchain and intellectual property rights

The rights related to intellectual property identify two types of rights : the “ registered rights ” (patent, brand, registered drawing) and the “ unregistered rights ” (copyright, business secrecy, know-how, trade name or trade dress)

The registered rights are generally protected by an accredited organization, such as “ INPI ” in France. When protecting intellectual property through an authorized organization, it is really simple to defend its rights in case of fraudulent use.

However, it is much more complex to protect its interests related to “ unregistered creations ”. In most cases, the creation hasn’t been anchored or certified : thus it is very hard to justify its existence before a judge, in the event of a dispute.

Benefit of the Blockchain to authenticate unregistered rights

For this category of rights, the incurred risk by companies is much more important. A recent example shows it again, as Teradata an American company has filed a lawsuit against SAP, the German software company in June 2018. Teradata is pleading a “ trade secret diversion, the infringement of copyright and antitrust laws ”. In any case, this type of litigation can cause severe damages for both companies.

The benefit of Blockchain authentication is to protect the rights associated to any creation, through a decentralized process. The proof created doesn’t depend on any third party (i.e. authorized organization) unlike actual solutions, and can be directly verified on the Blockchain. This certificate is the first written evidence and is accepted by a judge, as well as an email.

Functioning of Blockchain authentication

The Blockchain authentication is simply adding the digital footprint of a creation on the Blockchain. The creation itself is never registered on the Blockchain. The anteriority and integrity of the creation are guaranteed without its content being disclosed to anyone, even to Datatrust. Our service only keeps the digital footprint and will never store the creation without your agreement.

In practical terms, the Blockchain authentication will allow any company to produce as evidence in court of law :

  • The author of the authentication identity
  • The time and hour of the authentication
  • The creation footprint

These 3 essential informations will be automatically created during the authentication process. A certificate of integrity will let the judge verify the validity of the informations. Any creation can then be authenticated, whatever its format (PNG, JPEG, PSD…)

If you are interested about this process, don’t hesitate to contact our team. We will take the time to analyze your needs and to answer all your questions.

GDPR : 4 purposes of the Blockchain authentication

RGPD et Blockchain

Since the 25th May of 2018, the General Data Protection Regulation is implemented in France and in the European Union. These regulations aim to establish a certain frame towards the use of personal datas, thanks to the creation of new rights for the users. Among all these rights we can state : the right to information (inform an individual about the use of its personal data), the access right (the possibility for an individual to ask informations about processing personal data) and the right to oblivion (the possibility for an individual to request the data erasure).

 

From these rights, many obligations arise for the companies. These obligations are recalled in this document written by the Freedoms and Computer Correspondent of the CNRS. In this article, we have identified the obligations that can be processed by the use of the Blockchain as a “virtual notary” to certify data or digital files.


In order to understand the Blockchain authentication and the following points, you can start reading our previous article about the 5 questions to understand Blockchain certification.

1/ Evidence of the user consent

Using the Blockchain to create evidence of the user consent is the simplest use to put in place within companies. The objective is to create a proof of authenticity everytime the user consent is registered by a company. The Blockchain technology is very interesting in this case in order to dispose of a proof of integrity, time stamped and tamper-proof. This way a company can prove the user consent, by bringing the authentication certificate in front of a judge.

2/ Register of processing operations

By essence, the Blockchain is a decentralized record keeping system. This means that data isn’t stored on a unique server but duplicated on many different ones. Thus, the data registered on the Blockchain is immutable, it can’t be altered or erased afterwards.

When it comes to personal data, the data has to be encrypted though, so sensitive informations can’t be read by anyone. This is automatically done by the Blockchain authentication.

3/ Integrity and confidentiality of personal data

The confidentiality of personal data is defined as the protection of data so it is not open to unauthorized outsiders. The confidentiality can’t be handled on the Blockchain, so it comes to companies to put in place the suitable safety measures, necessary to the protection of personal data.

However, the integrity of data can be dealt on the Blockchain. It is the central idea of the Blockchain authentication. The purpose is to create a digital footprint for every file, and to add it on a public Blockchain such as Ethereum, Bitcoin… (DataTrust use Ethereum). Therefore, once the footprint is registered on the Blockchain, companies possess a proof of integrity related to every data.

4/ Tracking the use of personal data

This method consists of registering into a public Blockchain the use of individuals personal data. This personal data is identified by a unique hash. Everytime this personal data is utilized, the hash is registered into the Blockchain with the following informations : who used the data ? how the data was used ? in what purpose ?

Adding these informations on the Blockchain will allow time stamping them, and having a certain date linked to the use of this data.

For all these use cases, companies can use DataTrust platform, our Blockchain authentication solution of data and digital files. It permits significantly reducing the costs comparing to a centralized solution.

Companies can choose to either use DataTrust platform or implementing the DataTrust API into their existing Information Systems. In both cases, our team will help and guide you in using DataTrust.