Intellectual Property Protection in Outer Space: Conflict in Theory and Application in Practice

Abstract

The granting of intellectual property protection to space activities plays a significant role in promoting the sustainable development of space commercialization. However, the international intellectual property treaties have not explicitly stated in their provisions the issue of intellectual property protection in outer space, neither the provisions of the five outer space treaties explicitly address the legal issue. Such legal uncertainty may discourage States and non-governmental entities from actively participating in commercial space activities. One concerned rationale resulting in such legal status is the territoriality conflict in theory between the legal regimes of outer space and intellectual property. This article purports to illustrate territoriality conflict in theory between legal regimes of outer space and intellectual property. It then moves to argue that the conflict is proved to be a problem that exists purely in legal theory rather than legal practice because the legal value of Article VIII of the Outer Space Treaty elaborately reconciled the territoriality conflict in theory and offers a self-contained mechanism that would allow guaranteed levels of intellectual property protection in outer space. This mechanism employs space objects as a connecting factor to link space activities with the existing laws of the State of registry to realize the purpose of intellectual property protection in outer space.