Space Commercialisation: Addressing Intellectual Property Issues
- Paper number
IAC-05-E6.3.09
- Author
Ms. Sagee Geetha Sasikumar, University College Dublin, Ireland
- Year
2005
- Abstract
What are the intellectual property issues due to space commercialisation? How are the intellectual property issues in space matters being addressed? Do we have an appropriate legal framework or any regulatory mechanism? With the growing commercialisation of space, especially in the areas of telecommunications and remote sensing, the issues pertaining to intellectual property rights are now in focus. The protection of IPRs, most importantly, Patents, licensing, designs, trademarks, data protection and technology transfer, being capable of commercial exploitation have to be seriously dealt with. None of the Conventions and the International Agreements regarding space matters addresses the issue. An appropriate legal framework is the need of the hour. In the absence of a proper legal framework, resort must be taken to the available international and national laws relating to IPR. The focus of this paper would be to address the IPR issues that emanate from space commercialisation, particularly telecommunications and remote sensing; and to tackle these issues using the current international regime of IPR and trade, which is currently the WTO regime. The Trade Related Aspects of Intellectual Property Rights, popularly known as the TRIPs, being the converging point for all intellectual matters, the IPR issues would be addressed in the light of TRIPs.
- Abstract document