Time:2024-08-19
Publication Date:2024-08-19
Introduction
In this digital age we live in, data has become a core asset for most organizations, increasing in value daily. However, there are always two sides to a coin, and today we see data infringement issues on the rise. Effectively protecting data copyright and preventing unfair competition has become a hot topic in both industry and legal circles globally and certainly in China. Here, we will explore the key role of Trusted Timestamps in data copyright protection, using a recent unfair competition case from the Haidian District People's Court of Beijing and the Beijing Intellectual Property Court as an example.
I. Case Review: A Legal Battle in the Data War
This case involves a Guangzhou company and Shenzhen company (the “Plaintiffs”) along with their data relating to the analysis of employment salaries and industries for graduates of more than 600 universities 10 years after their graduation. The Plaintiffs argued that this data was illegally used in an act of unfair competition by several companies in China (the “Defendants”). The Defendants were accused of selling this data through their platforms, without permission, and seriously infringing the Plaintiff’s rights.
II. Trusted Timestamps: Safeguarding Data Copyright
Definition and Function of Trusted Timestamps
Trusted Timestamps are electronic certificates issued by authoritative institutions like the Joint Trusted Timestamp Service Center. They provide time markers and integrity verification for electronic documents, proving their existence and completeness at a specific time point. Compared to traditional notarization methods, Trusted Timestamps offer quicker and cost efficient means to effectively give electronic data stronger legal proof.
Application of Trusted Timestamps in this Case
In this case, the Plaintiffs utilized Trusted Timestamp services to protect its data copyright. As they completed data development in 2014, the Plaintiffs used the Joint Trusted Timestamp Service Center to preserve key data files, including school statistics, employment salary data, and industry information. These actions to preserve the data recorded the time the data was generated thus ensuring its authenticity and integrity, and securing solid evidence to be used in subsequent legal proceedings.
Evidentiary Effect of Trusted Timestamps
During litigation, the Plaintiffs submitted their Trusted Timestamp certificates as electronic evidence which was accepted and recognized by the Court. By verifying the digital fingerprints in the timestamp certificates against the original files, the Court confirmed the authenticity and integrity of the data, thereby affirming the Plaintiff’s legitimate rights to the data in question. This recognition not only secured the Plaintiff’s victory but also set a precedent for the application of Trusted Timestamps for future cases.
III. The Value of Trusted Timestamps from a Legal Perspective
Enhancing Data Copyright Protection
The application of Trusted Timestamp enables data to receive legal recognition and protection from the moment of creation, effectively preventing subsequent illegal copying, dissemination, and use of the data. For data creators, this is undoubtedly a powerful legal safeguard.
Promoting Judicial Fairness and Efficiency
Trusted Timestamp certificates, as electronic evidence in litigation, offer convenience, efficiency, and low costs. They simplify the evidence collection, preservation, and submission processes, reducing litigation costs and time, and thus improving judicial efficiency. A win for the parties as well as the busy courts in China. With the authority and reliability of timestamp technology, this enhances the Court’s trust in electronic evidence, promoting judicial fairness.
Fostering Healthy Digital Economy Development
The application of Trusted Timestamps in data copyright protection helps build a more fair, systematic, and trustworthy digital economy. It can further encourage innovation, protect innovative achievements, and combat infringement, thereby providing strong legal support and institutional guarantees aiding the development in the digital world.
IV. Utilizing the Kangxin IP Platform's Timestamp Function
The Kangxin IP Platform (service.kangxin.com), as a leading intellectual property service platform, is committed to providing comprehensive, one-stop intellectual property solutions. The timestamp function, a highlight of the Platform, provides creators with a simple, fast, and low-cost method of copyright protection. Users only need to register and log in to the Kangxin IP Platform, upload their works, and easily fill in relevant information and within seconds they will have a timestamp certificate all for only USD 10.
All in all, Trusted Timestamps obtained through the Kangxin IP Platform offers a convenient, efficient, and secure means to collect evidence to support their copyright protection claims. Users can look to the Kangxin IP Platform's timestamp function to preserve core data, prevent data leakage, and deter unauthorized use of important data and know that the Courts will support the use of such evidence.
https://eservice.kangxin.com/