June 18, 2018

A digital deposit system would provide simple and inexpensive access to a deposit service in all EU Member States. Different types of digital content could be deposited through a central tool administered by a public authority, with clarity for users as regards the (legal) value of the deposit obtained.

The feasibility analysis covers four steps: i) information gathering on existing national practices for voluntary registration or deposit systems; ii) different options for the structure of a digital deposit system; (iii) a legal and technical feasibility evaluation of the proposed options; and (iv) impact and cost assessment of a digital deposit system.

Overall, the establishment of a voluntary EU digital deposit system was found to be feasible from both a legal and a technical perspective. However, some issues would have to be addressed before such a system could be set up. Notably, there is currently no explicit legal basis for the EUIPO to set up a EU digital deposit system.

EUIPO says that once set up, a EU digital deposit system could address some of the challenges created by digital technologies. Notably, it could increase legal certainty on the ownership of content. It could also help rights holders enforce their rights. A more advanced system could also facilitate the exercise of rights in the digital environment. To access the study, click here.