An Evaluation of Intellectual Property Rights Protection in Outer Space Activities

Abstract

Plans for settlement on the moon and Mars, as well as satellite launches and space missions, are examples of the fast growing field of outer space operations. Establishing precise intellectual property rights frameworks has become essential as both public and commercial entities increase their investments in space technologies. Regarding jurisdictional authority, legislative authority, and the enforceability of intellectual property rights for technologies developed in space or utilized in extraterrestrial conditions, there are uncertainties. In the context of space operations, this article conducts a critical study of present international laws, treaties, and policy discussions on intellectual property protection. It investigates trade secrets, copyrights, trademarks, patents, and industrial designs related to space technology, operations carried out in celestial bodies, and spacecraft launched from Earth. Analyzed are the gaps and restrictions provided by current legislation, particularly Article VIII of the Outer Space Treaty, which prohibits the appropriation of space. It is also assessed how well-suited the existing organizations are to manage this field, including the United Nations Committee on Peaceful Uses of Outer Space and international space law conventions. A review of recent US laws pertaining to "space resources" and case law is presented to emphasize the necessity of an international regulatory framework for intellectual property rights in space innovation, exploration, and business. A sui generis framework is necessary because of the worldwide cooperation needed in space stations and habitats and the lack of prior experience implementing territorial intellectual property rights in extraterrestrial environments. The key components of such a customized regime that are discussed in this article are the necessity for disclosure requirements for space innovations, subject matter jurisdiction, international agreements on ownership doctrines, and technological use, particularly the establishment of priority claims over space resources