The legal value of an Ipocamp proof

In French civil matters, evidence is free-form. Article 1358 of the French Civil Code provides that, except where the law provides otherwise, proof may be brought by any means. The judge then assesses the reliability of the process used.

What the judge looks at

Faced with digital evidence, the judge looks in particular at integrity (is the file produced the one that was dated, without modification?), the date (was it set by an independent third party, rather than by the party relying on it?) and traceability (is the process documented and verifiable by an expert or by the other side?).

An Ipocamp certificate answers all three questions: the SHA-256 fingerprint (a unique string of characters computed from the file) guarantees integrity, the date is set by the network that maintains the registry, independently of Ipocamp, and the record in an unalterable registry (see the glossary) lets anyone verify the certificate.

Admissible does not mean decisive

The admissibility of evidence (whether the judge accepts it in the proceedings) is never guaranteed in advance, and its weight depends on the facts of each case. A dated certificate carries more weight when it is part of a consistent whole: several successive deposits showing how the creation evolved, drafts, dated exchanges. See Building a solid evidence file.

What the certificate does not replace

An Ipocamp certificate complements a patent or trademark filing. It does not replace it. An industrial property title grants a monopoly of exploitation. The certificate documents a date and the integrity of a file, particularly during the stages before a title is granted. See Registering a trademark or timestamping: what's the difference?.

Outside France

The value of evidence depends on the law of the country where it is produced. See Using an Ipocamp proof before a foreign court.

How to have it verified

The other party, an expert or the judge can verify a certificate from the original file, without going through Ipocamp. See Verifying a certificate deposited by a third party.

For a specific dispute, advice from a legal professional is still necessary. This article is for information only and does not constitute legal advice.