The European Observatory on Infringements of Intellectual Property Rights has published a feasibility analysis for an EU digital deposit system. Such systems exist in Benelux, Spain, France, Italy, Hungary, Portugal and Romania while there are also private systems in the EU market.

The study presents three options for an EU digital deposit system:

1. A basic system whereby EUIPO would not store content submitted but simply provide reliable electronic proof of the existence of the content at a given moment in time.
2. A basic system based on (1) that would include a deposit service: it would store content uploaded by users.
3. An advanced system building on (2) which would go in the direction into which current electronic systems are being developed, and even beyond so as to be at the forefront of development.

All three systems would be fully electronic and confidential, using timestamping and cryptography. They would work on a voluntary basis.

Analysis of the systems by EUIPO departments found that, overall, an EU digital deposit system is feasible from a legal and technical perspective. But before such a system could be set up there would need to be a legal basis, and investment in a public key infrastructure (PKI).

The feasibility analysis consisted of four steps: (1) gathering information on existing national practices concerning voluntary registration or deposit systems; (2) proposing different options for the structure of a Digital Deposit System; (3) performing a legal and technical feasibility evaluation of the proposed options; and (4) assessing the impact and costs of such a solution.

The report found that an EU digital deposit system “could address some of the challenges created by digital technologies” notably by increasing legal certainty concerning the ownership of content. It could also “stimulate the legitimate use of content, and help rights holders to protect their rights in cases of infringement claims”.

Read the full feasibility analysis here.