IP Protection
Intellectual Property Protection in the European Union
The EU provides harmonised trade secret protection through Directive 2016/943, a unified patent system via the European Patent Office, and explicit recognition of electronic timestamps through the eIDAS Regulation. For companies operating across EU member states, this framework offers powerful tools for protecting innovation.
Framework
IP Protection in the European Union
The EU intellectual property framework combines harmonised directives with national implementation. The Trade Secrets Directive (2016/943) established a minimum standard of trade secret protection across all 27 member states. Patents are available through the European Patent Office (EPO) under the European Patent Convention, and since June 2023 the Unitary Patent provides a single patent covering multiple EU states. The eIDAS Regulation (910/2014) explicitly recognises electronic timestamps and provides a legal framework for their use as evidence — directly relevant to blockchain-based IP protection. Copyright is harmonised through multiple directives, and trade marks through the EUTM system administered by EUIPO.
Trade Secrets
Trade Secret Law in the European Union
Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) harmonised trade secret law across the EU for the first time, creating consistent minimum standards in all member states.
A trade secret under the Directive must meet three conditions: it is secret (not generally known), it has commercial value because it is secret, and it has been subject to reasonable steps to keep it secret. This three-part test is consistent across the EU.
The Directive distinguishes between lawful acquisition (independent discovery, reverse engineering, exercise of the right of workers to information) and unlawful acquisition (unauthorised access, breach of confidentiality agreements, or inducing breach).
Remedies include injunctions, recall and destruction of infringing goods, damages, and publication of judgments. Courts must also protect trade secret confidentiality during litigation — a critical provision for innovators reluctant to litigate for fear of further disclosure.
Member states implemented the Directive into national law between 2018 and 2019, with some variations. Germany's Trade Secrets Act (GeschGehG), France's amendments to the Commercial Code, and Italy's Industrial Property Code all reflect the Directive with local nuances.
Blockchain timestamps provide powerful evidence of the 'reasonable steps' requirement — the element most frequently contested in EU trade secret litigation.
Patents
Patent System Overview
Typical Cost
€30,000 - €50,000+ (5-country validation)
Including filing, prosecution, and attorney fees
Timeline
3-5 years
From application to grant
Process Steps
File a European patent application with the EPO in Munich, The Hague, or Berlin.
EPO conducts a search and issues a search report with an opinion on patentability.
Application is published 18 months after the priority date.
Substantive examination assesses novelty, inventive step, and industrial applicability.
Once granted, the patent must be validated in each desired member state (or opt for the Unitary Patent since June 2023).
The Unitary Patent provides protection across participating EU states with a single registration and renewal fee, significantly reducing the cost of pan-European protection.
Legal Framework
Key Legislation and Case Law
Trade Secrets Directive 2016/943
(2016)Harmonised trade secret protection across the EU. Defines trade secrets, lawful and unlawful acquisition, and provides minimum remedies including injunctions, damages, and confidentiality orders during proceedings.
eIDAS Regulation 910/2014
(2014)Establishes a legal framework for electronic identification and trust services. Article 41 states that electronic timestamps shall not be denied legal effect or admissibility solely because they are in electronic form — directly supporting blockchain timestamps.
European Patent Convention
(1973)International treaty establishing the European Patent Office and the procedure for granting European patents. Applies to all EU states plus several non-EU members.
Unitary Patent Package
(2023)Creates a single European patent with unitary effect across participating EU member states and a Unified Patent Court for disputes. Reduces the cost and complexity of pan-European patent protection.
Enforcement Directive 2004/48/EC
(2004)Establishes minimum standards for IP enforcement across the EU, including rights to information, provisional measures, and corrective measures. Provides the procedural backbone for trade secret claims.
eIDAS 2.0 (Regulation 2024/1183)
(2024)Updated eIDAS framework strengthening electronic identification and expanding trust services. Reinforces the legal recognition of electronic timestamps and digital evidence across the EU.
Blockchain in Courts
Blockchain Evidence in the European Union
Blockchain timestamps are explicitly supported by the EU eIDAS Regulation
Article 41 of the eIDAS Regulation states that an electronic timestamp shall not be denied legal effect or admissibility as evidence in legal proceedings solely because it is in electronic form — this directly covers blockchain timestamps.
Qualified electronic timestamps under eIDAS enjoy a presumption of accuracy and integrity, though even non-qualified timestamps (like those from immut) cannot be denied legal effect under the Regulation.
Multiple EU member states have accepted blockchain evidence in court proceedings. French courts have recognised blockchain timestamps, and German courts have dealt with blockchain evidence in commercial disputes.
The EU Blockchain Observatory and Forum has published reports supporting the use of blockchain technology for timestamping and evidence preservation, signalling institutional acceptance of the technology.
immut
How immut Helps in the European Union
Provide evidence of 'reasonable steps' required by the Trade Secrets Directive 2016/943 — the most litigated element of EU trade secret claims.
Create electronic timestamps that benefit from the eIDAS Regulation's prohibition on denying legal effect to electronic timestamps — ensuring admissibility across all 27 EU member states.
Offer a cost-effective alternative to European patent protection, which costs €30,000-€50,000+ for multi-country coverage.
Support IP protection strategies in any EU member state with a single blockchain timestamp — no need for country-by-country filings or validations.
Generate court-ready evidence that satisfies the evidentiary standards of member state courts under both national procedural law and EU-harmonised rules.
Enable cross-border IP protection at a fraction of the cost, particularly valuable for SMEs and startups operating across the EU single market.
FAQ
Frequently Asked Questions
Does the EU specifically recognise blockchain timestamps?
Yes. The eIDAS Regulation (Article 41) provides that electronic timestamps cannot be denied legal effect or admissibility solely because they are in electronic form. This explicitly covers blockchain timestamps. The eIDAS 2.0 update further strengthens this framework.
Is trade secret law the same across all EU countries?
The Trade Secrets Directive 2016/943 harmonised minimum standards across all 27 member states. However, implementation varies — some countries added stricter requirements or broader protections. The three-part test (secrecy, commercial value, reasonable steps) is consistent throughout the EU.
How does the Unitary Patent affect IP strategy?
The Unitary Patent (available since June 2023) simplifies pan-European patent protection with a single registration. However, it still costs significantly more than trade secret protection with immut. For innovations that can be kept secret, blockchain timestamps remain the most cost-effective pan-EU protection.
Can immut protect IP across all EU member states?
Yes. A single immut blockchain timestamp is valid evidence in all 27 EU member states under the eIDAS Regulation. Unlike patents, which require country-by-country validation or a Unitary Patent, immut's protection is inherently cross-border.
What are 'reasonable steps' under the EU Trade Secrets Directive?
The Directive requires that trade secret holders take reasonable steps to maintain secrecy. This includes measures like access controls, NDAs, and documentation. Blockchain timestamps from immut provide irrefutable evidence that you identified and protected your trade secrets — directly satisfying this requirement.
Protect Your IP in the European Union
Get blockchain-verified proof of your intellectual property in 60 seconds. Court-admissible in the European Union and recognised internationally.