Intellectual Property Protection in Outer Space Activities

Abstract

Space law is a part of International Law which applies to the outer space region. Now the term “Outer space Region” means 100 kilometres upward beyond the surface of earth. Below this region, there is the area of air space. However, the boundary between air space and outer space has not been defined by any international agreement. By customary practice, we may say that below 100 kilometres from earth, the spacecraft do not descent and above this surface the aircraft do not fly. At the beginning of Space Age, space activities were mainly public activities or governmental activities but they were not commercial. However, in modern days, the exploration and use of the outer space is not limited to public and governmental activities and it also extends to private and commercial enterprises. The legal justification of this one may find in Article VI of the 1967 Outer Space Treaty which provides that States shall be responsible internationally for national activities in outer space carried out by Governmental agencies or by non-governmental agencies and that also state shall authorise the activities of non-governmental in outer space. These activities include remote sensing from space, direct broadcasting, launch and space vehicle services, manufacturing in space and microgravity research, among others. But the question is whether sufficient protection exists for the private sector to undertake commercial space activities i.e. whether companies believe they can obtain a sufficient return on their investment.