Timestamps: A Powerful Tool for Copyright Protection and Innovative Application of the Kangxin IP Platform

Time:2024-08-06

Source:Kangxin Partners, P. C.

Author:

Type:Trademark


Jurisdiction:China

Timestamps: A Powerful Tool for Copyright Protection and Innovative Application of the Kangxin IP Platform


With the rapid development of the Internet, issues related to digital copyright protection have become increasingly prominent. Under the current age of massive information dissemination, effectively protecting the copyrights of original works and preventing infringement has become a focal point of attention across various sectors of society. Timestamps, as an innovative means of preserving electronic evidence, are being widely used in judicial practice. This article will take a case involving infringement of the information network dissemination right heard by the Beijing Internet Court as an example to discuss the application of Timestamps in judicial practice.


I. Case Background and Overview

This is a typical case of infringement of the information network dissemination right. The plaintiff, a technology company, created the "WeChat Emoticon Series 1.0" artworks and recorded the copyright. The defendant used the same or substantially similar WeChat emoticons in its "Chuiniu" software without the plaintiff’s permission, infringing on the plaintiff's information network dissemination right. The core dispute in this case is how to prove the plaintiff's copyright over the WeChat emoticons in question and the defendant's infringement.


II. Application of Timestamps in This Case

Definition and Characteristics of Timestamps

Timestamps are electronic certificates with legal effect issued by UniTrust Timestamp Authority to prove the existence, completeness, and verifiability of electronic data (electronic documents) at a specific time. Compared to traditional notarization, timestamps’ advantage lie in faster speed, lower costs, and convenient operations, effectively addressing issues such as the ease of deletion and tampering of electronic evidence.


Application of Timestamps in This Case

In this case, the plaintiff fully utilized timestamp services for evidence preservation. The specific steps are as follows:


Applying for Timestamp Certification: On August 3 and August 29, 2016, the plaintiff applied for timestamp certification for the files "NewSmallEmoji0729.zip" and "BigYellowFace.zip," which included the WeChat emoticons in this case. Subsequently, on October 18 and November 28, 2016, timestamp certification was applied to other related files.

Verification and Storage: The UniTrust Timestamp Authority verified the aforementioned files and issued corresponding trusted timestamp certificates. The certificates explicitly stated that the "proof documents (or electronic data) have existed and remained intact and unaltered since the time the timestamp was applied," displaying their respective digital fingerprints.

Evidence Chain Construction: The plaintiff formed a complete chain of evidence by submitting the timestamp certificates, application information, and screenshots of the WeChat emoticon management platform, initially proving its copyright over the WeChat emoticons and the completion time of their creation.

Recognition of the Effectiveness of Trusted Timestamps

In this case, the court highly recognized the electronic evidence certified by timestamps. The court found that the timestamp certificates could prove the existence and integrity of the files at a specific time and that they had not been tampered with, thereby having legal effect. This recognition not only laid a solid foundation for the plaintiff's victory in this case, but also provided strong support for the application of timestamps in similar future cases.


III. Advantages and Applications of the Kangxin IP Platform's Timestamp Function

a. Introduction to Kangxin IP Platform's Timestamp Function

Kangxin IP Platform (https://service.kangxin.com) has launched a copyright "timestamp" function, providing creators with a simple, fast, and low-cost method of copyright protection. Users only need to register and log in Kangxin IP platform, upload their works, and fill in relevant information to obtain a timestamp certificate. This function is not only convenient to operate but also affordable, with each art work only costing 10 yuan to receive copyright protection.


b. Advantage Analysis

Ease of Operation: Users can complete copyright registration and timestamp certification online without complicated processes.

Low Cost: Compared to traditional copyright registration methods, Kangxin IP platform's timestamp function is more affordable, making it more suitable for small and micro enterprises and individual creators.

Strong Legal Effect: Timestamp certification has legal effect and can be widely recognized in judicial practice.

Wide Application Scenarios: It is not only applicable to artworks but also widely applicable to text works, musical works, video works, and other types of copyright protection.


c. Application Scenarios Examples

Copyright Protection for Creators: For creators of paintings, photography, designs, etc., applying for timestamp certification through Kangxin IP platform can quickly obtain copyright protection and prevent their works from being infringed.

Commercial Secret Protection: Enterprises can protect commercial secret documents such as contracts and technical materials through timestamp certification, ensuring their legal integrity and immutability.