
Help & FAQ
A more technically and legally oriented FAQ
No. The IKR provides Proof of Existence (PoE) - that a person was in possession of an electronic document as of the time/date when the IKR Record is created. This in turn can be compelling evidence of authorship and/or inventorship. The IKR may provide a strong rebuttable presumption of authorship/creation (i.e., in the lack of evidence to the contrary, that a person holding an IKR is the author/creator). However, the IKR does not provide proof that a specific person is the author/creator of a piece of content because the IKR does not capture personal data, nor does it capture information about the originator/author/creator of the content for which an IKR is being generated. Privacy is the reason that the IKR is designed to provide PoE and not authorship/inventorship. Authorship/inventorship may be proven, subject to the laws of your jurisdiction, if your machine(s) have strong biometric capability and you follow a strict procedure when using your computer(s).
With a chain of existence. If you use the IKR from the start of a new creation and use it for each subsequent interation of the content, then you can create a chain of evidence to show that you are the original author/creator. For example if you have an idea for a book and: 1. Write down the idea and draft outline – and generate IKRs for these 2. If you write the first draft – and generate an IKR for this 3. Then write subsequent drafts and generate a IKR for each of them, etc. While document version control is your responsibility, we recommend that for each new draft, you save the draft under a different name (e.g. save the first draft as ‘Draft 1 June 25 2018, the next as ‘Draft 2 June 25 2018, etc.) and get IKRs for each new document. You will be able to present a strong chain of evidence, in for example, a court of law or an ADR proceeding, showing that you were the originator/creator. This in turn may be be hard for the opponent to refute.
No. IIPCC does not authenticate the identity of users of the IKR. The non-enterprise (version) license is designed to comply to Privacy Regulations. Such authentication of identity to insure the party who generates IKRs for content is the responsibility of the individual user or organization (for the Enterprise version). Such authentication can be a process by which an individual or organization establishes the appropriate level of identity authentication assurance, or confidence in the identity of the person or system generating the IKR. This assurance is established through employing “authentication factors,” individually or in concert, to raise the level of confidence that the party being granted access is the registered person or entity. Requirements for specific authentication factors or their combination may vary depending on the authentication technologies and organizational procedures employed (e.g. passwords, smart cards, multi-factor authentication systems, biometrics) as well as governmental regulations. The ability to prove authorship of content for which IKR records were generated may also depend on procedures to, for example, safeguard digital records or prevent outside tampering (cybersecurity) that are in place, court requirements, etc.
