The need for a uniform law system protecting intellectual property rights in outer space
- Paper number
IAC-08.E8.1.6
- Author
Dr. Hanneke van Traa-Engelman, The Netherlands
- Year
2008
- Abstract
Whilst advance in a wide range of space technologies and applications will create more potential for new space applications by the private sector, the protection of intellectual property rights will play an important role in attracting the participation of the private sector. Effective intellectual property protection will become a key element in the regulatory environment for the commercial exploitation of outer space. Intellectual property rights are protected by national or regional laws based on the very principle of territoriality. For activities in outer space the non-appropriation principle applies (Art.II OST). On the other hand, jurisdiction and control over an object launched into outer space and its personnel is determined by the nationality (registering state) of the space object. The question arises whether territorial jurisdiction under intellectual property law permits the extension of national (and regional) law of the state of registry of the space object. However, a distinction has to be made between activities carried out in outer space and activities ”related” to outer space but which are carried out in the territory of a state or several states. As to the last mentioned, these will be governed by national (or regional) intellectual property rights following the principle of territoriality. Regarding the activities carried out in outer space there will be a need to establish a legal regime that effectively protects intellectual property in outer space. Patent law of the United States provides quasi-territorial effect on a space object carried on the registry of the US, unless otherwise agreed by international agreement. However, in practice this system, based on the principle of territoriality, varies under the number of international agreements, leading to the application of different national intellectual property laws. Moreover, these laws are only applicable to the relevant registered object. Harmonisation of national intellectual property law could overcome these problems to a certain extent; the preferred solution could be found in the establishment of an international intellectual property framework enforced by a single body.
- Abstract document
- Manuscript document
IAC-08.E8.1.6.pdf (🔒 authorized access only).
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