New Soleau envelope procedure 2024 : modernization and digital transformation
The modernization of the Soleau Envelope in April 2024 deserves the attention of artists and authors. It provides a straightforward mean establishing a certain date for a creation that is eligible for copyright protection. Although not mandatory, the Soleau Envelope is a frequently used and effective meansof evidence in court proceedings.
Implementation of the New e-Soleau portal
April 2024 marks a further step in INPI’s modernization efforts! It is no longer possible to file an envelope in paper format. The e-Soleau portal, originally launched in 2016, now offers expanded services and new functionalitites.
Decree No. 2023-166 of March 7, 2023 initiated the modernization of the Soleau Envelope. Gradually, it is becoming a fully dematerialized evidentiary tool.
The new provisions have been applicable since April 1, 2023, but a one-year transitional period allowing paper envelopes already in circulation to be submitted to INPI. The era of the double paper envelope has now come to an end.
Decision No. 2024-265 of the Director General of INPI sets April 8, 2024 as the entry into force of the new portal.
Key innovations of the 2024 Soleau envelope
1. Extended protection period
First, the protection can now reach up to 20 years, in successive five-year periods, compared to the current maximum of 10 years. This significant extension provides creators with long-term protection for their works and creations.
2. Increased storage capacity
The second innovation concerns both the number of files (100 files instead of 3) and storage capacity (2 GB instead of 300 MB). The holder decides whether or not INPI retains the files or not. INPI accepts files as long as no virus is detected.
This substantial increase in capacity allows creators to deposit more comprehensive documentation, including:
- High-resolution images and photographs
- Video files illustrating creative works
- Detailed technical documentation
- Multiple versions or iterations of creative works
3. Transferability of Soleau envelopes
Third innovation is the the possibility of transferring a Soleau Envelope to a new holder. This will be particularly useful in the context of company acquisitions or the contribution of works toa corporate structure. Legal entity now benefits from a cross-functionaloverview of all deposits made, facilitating management.
This transferability feature remedies a major limitation of the former system and provides flexibility for:
- Mergers and acquisitions: Seamless transfer of IP rights documentation
- Business succession: Proper handover of creative assets
- Corporate restructuring: Maintaining continuity of proof during organizational changes
4. Escrow service
Escrow constitutes the final remarkable innovation of the 2024 Soleau Envelope. INPI commits to returning documents to a designated third party upon expiry of a specified period, in the event of the depositor’s bankruptcy or incapacity. This escrow agreement is simple and quick to implement. The holder may subsequently modify the designated documents.
The escrow service provides legal certaintyby:
- Protecting against loss of access due to unforeseen circumstances
- Ensuring business continuity for heirs or designated successors
- Facilitating dispute resolution in complex situations
Benefits and alternatives to the Soleau envelope
The Soleau envelope offers reliability at a low cost. Its evidential value is recognized by courts. To protect your works, alternatives to the Soleau Envelope include:
- Self-mailing : A simple but legaly fragile method with limited evidential value
- Deposit with a bailiff (commissaire de justice): a more costly solution (€200-€300) but one offering stronger evidential value
Comparison of evidence methods
e-Soleau Envelope:
- Cost: €15 for first 50 MB (5 years)
- Evidential value: Strong, recognized by courts
- Duration: Up to 20 years
- Capacity: Up to 2 GB, 100 files
Self-mailed letter:
- Cost: Under €10
- Evidential value: Weak, easily challenged
- Risks: Loss, theft, potential fraud
Bailiff deposit:
- Cost: €200-€300
- Evidential value: Very strong
- Duration: 25 years
Practical recommendations for using the e-Soleau envelope
To establish certain dates for copyright-eligible creations, it is advisable to consult a copyright attorney. Our firm will work with you to identify the appropriate solutions to ensure the best protection for your works.
When to use the e-Soleau Envelope:
- Prior to any public disclosure of a creative work
- When sharing confidential information with potential partners
- As a complement to non-disclosure agreements
- During collaborative creative projects to document individual contributions
- As a temporary measure before filing for stronger IP protection (patents, designs)
Best practices:
- File early to establish the earliest possible date
- Include comprehensive documentation in multiple formats
- Clearly describe the work and your creative contribution
- Retain confirmation and proof of your deposit
- Anticipate renewals well in advance of expiry dates
Stéphane Bellec, Partner
Intellectual Property Attorney
Email: sbellec@debaecque-avocats.com
Tel: +33 (0) 1 53 29 90 00