In a landmark decision, France has joined the ranks of leading jurisdictions in recognizing blockchain as a valid method for establishing proof of authorship and intellectual property (IP) rights. On March 20, 2025, the Tribunal Judiciaire de Marseille issued a groundbreaking ruling in Case No. RG 23/00046, referring to blockchain time-stamping statements as a reliable proof for determining the ownership of IP rights.
Key Case Highlights
- Context of the case: The case concerned the fashion collections Hearts from Alber and Love from Alber designed by the late Alber Elbaz. The collections feature luxurious silk pajamas with Elbaz’s iconic sketches. These sketches were digitized and anchored on the blockchain through the BlockchainyourIP platform on May 5 and September 15, 2021. The defendant was accused of infringing the IP rights attached to these designs as he reproduced them on clothes that he produced and sold.
- Recognizing blockchain as evidence: The Tribunal Judiciaire de Marseille confirmed that the blockchain time stamps, certified by a bailiff, could be used to establish the ownership of the IP rights.
Blockchain as a Legal Tool in Europe and Beyond
This decision aligns France with other European pioneers in adopting blockchain technology for legal purposes.
- Estonia: Since 2012, blockchain technology has been used in Estonia to safeguard national data, e-services, and smart devices across the public and private sectors. Selected state registries backed by the blockchain technology are the healthcare, property, business, and succession registries; the digital court system; the surveillance/tracking information system; the official state announcement; and the State Gazette.
- United Kingdom: On June 24, 2022, in D’Aloia v. Persons Unknown, Binance Holdings Limited & Others, the High Court of England and Wales permitted court documents to be served via nonfungible token (“NFT”) on the blockchain for the first time.
- Germany: The German federal government “is looking at how data, secured in blockchain-based applications, can (firstly) be provided to courts or (where applicable) official verification bodies, in order for the data to function as proof, and (secondly) whether it is thereby possible to guarantee tradeability, as law requires.”1
- Sweden: Sweden’s land-ownership authority has run a trial of a land registration system that uses blockchain technology.
However, France’s decision is a notable step forward, particularly in the context of IP law and copyright protection in the creative industries. This development will likely influence future legal cases and push (digital) creators to anchor their creations on blockchains to protect their works, especially when there are no copyright registrations in the European IP authorities or when the cost of registering designs, patents, or trademarks is too high.
This decision may also prompt further discussions within the European Union on the need for unified legal standards for the use of blockchain as proof, aligning more jurisdictions under a common framework.
For further questions or to discuss this new legal landscape, please feel free to contact us.
Thank you to Laureline Decottignies for her assistance with this alert.
[1] German Federal Ministry for Economic Affairs and Climate Action, “Blockchain Strategy of the Federal Government: We Set Out the Course for the Token Economy,” September 18, 2019.
This informational piece, which may be considered advertising under the ethical rules of certain jurisdictions, is provided on the understanding that it does not constitute the rendering of legal advice or other professional advice by Goodwin or its lawyers. Prior results do not guarantee similar outcomes.
