Evidential archiving refers to the secure preservation of time-stamped records that support ownership, use, authorship, or originality of IP assets. These records can be vital in proving rights or defending against infringement claims. Examples include evidence of use of a trade mark, proof of independent creation of a copyright work, or date of conception for a design.
IP disputes often turn on evidence—such as who used a trade mark first, who created a work independently, or whether a design was disclosed before someone else’s registration. Robust, verifiable records can:
• Support claims to unregistered rights (e.g., UK unregistered design or copyright).
• Help establish priority or continuous use.
• Defend against allegations of infringement or bad faith.
• Provide chain of title or authorship documentation.
Examples of evidential material worth archiving include:
• Screenshots or dated materials showing trade mark use in commerce.
• Drafts, notes, source files, or time-stamped uploads showing independent creation of copyright works.
• Product design iterations or launch materials to establish disclosure dates.
• Licensing agreements, assignment deeds, or internal R&D records.
Blockchain archiving involves recording a cryptographic hash of your evidence on a public, tamper-proof distributed ledger. The original data stays private (unless you choose to disclose it), but the hash provides a verifiable timestamp and proof of integrity. This means you can prove that a particular file existed at a specific time and has not been altered since.
• Time-stamping: Creates immutable proof of the existence and content of a file at a specific date and time.
• Tamper resistance: The blockchain record cannot be altered, which enhances evidential credibility.
• Global applicability: Blockchain records may be admissible across jurisdictions as corroborative evidence.
• Decentralisation: No single point of failure or reliance on a private registry.
