Advertising of private commercial space services in the european community
- Paper number
IAC-06-E6.1.10
- Author
Ms. Zeldine OBrien, Trinity College, Ireland
- Year
2006
- Abstract
Although, international law is stated in the Outer Space Treaty to apply to outer space and national law will apply to space objects and any personnel aboard that are on a state’s national registry and therefore subject to their jurisdiction in accordance with article VIII of the Outer Space Treaty, there is also great potential for the application for European Union law to apply through its Member States’ national laws to space contracts and space activities. This is particularly valuable for potential space consumers within Member States that do not have any specific domestic space law binding within the States (for example, Ireland).Of particular interest are Community measures in relation to consumer protection that have the potential to apply to the space tourism market as these measures were not drafted in the light of the needs of the emergent private commercial space industry. Such measures also provide a contrasting approach to existing specific national space law dealing with the industry such as the Commercial Space Launch Amendments Act 2004. This paper will examine the impact of Council Directive 84/450/EEC of the 10th September 1984 as amended to include comparative advertising by Directive 97/55/EC of the 6th October 1997 on the private commercial space tourism market in the European Community. The purpose of the directive as amended is to provide a minimum level of protection to consumers from any advertising which in any way, including its presentation, deceives or is likely to deceive the persons to whom it is addressed or whom it reaches and which, by reason of its deceptive nature, is likely to affect their economic behaviour or which, for those reasons, injures or is likely to injure a competitor and to lay down the conditions where comparative advertising is permitted. The factors to be taken into account in assessing whether advertising is misleading such as information relating to the nature, rights and attributes of the advertiser, such as its qualifications will protect potential space consumers as to any possible exaggerated claims as to the safety of the space activity within the Community. Member states are also under an obligation to ensure that provision is made in national law for organizations or persons may take legal action against such advertising or to initiate a complaints procedure. Courts under the directive are to be empowered to prevent or order the cessation of misleading advertising and may require an advertiser to furnish proof of the factual accuracy of their claims. Comparative advertising, i.e. any advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor must not be, inter alia, misleading nor create confusion in the market place between the advertiser and the competitor. Furthermore, any comparison must be made between objectively material, relevant, material and verifiable and representative features of the service. Nor are these the only limitation on advertising imposed by Community law, article 5 of the Directive 89/104/EEC confers exclusive rights on proprietors of registered trade marks including the right to prevent all third parties from using, in the course of trade, any sign which is identical with, or similar to, the trade mark in relation to identical goods or services or even, where appropriate, other goods. The effects of these measures on the private commercial space market in the Community will be examined and evaluated as will the pre-contractual protection of the space consumer that the measures provide.
- Abstract document
- Manuscript document
IAC-06-E6.1.10.pdf (🔒 authorized access only).
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