Recent Developments in Remote Sensing and Telecomunication Activities in India : Intellectual Property Rights and Emerging Legal Issues

Paper number

IAC-08.E8.5.9

Author

Mr. Sandeep Roy, NALSAR University of Law, India

Year

2008

Abstract

The development of Indian space activities saw a tremendous change in its pace in  the recent years with Indian Space Research Organisation emerging as a major player in satellite launching and remote sensing business. To gain benefits from these new space technologies, the Indian Space and Remote Sensing agencies as well as many developing countries have developed a particular interest in the increasing convergence of remote sensing technologies and satellite positioning services as represented by the concept of ‘Geospatial Information’ systems. Many prospective benefits from the amalgamation of these two, originally separate, space applications in the areas of agriculture, environmental monitoring, fishing, forestry and urban planning are envisaged. This paper attempts to evaluate to what extent such benefits have actually materialized, and identify the major legal and regulatory hurdles and facilitators. 
Another recent development made by some developing countries is in the use of satellites for educational and health purposes. Significant advancement has been made in the operational utilization of remote sensing techniques in various natural resource sectors in India. Due to sustained availability of high quality data from Indian Remote Sensing Satellite series, several key national projects have been completed successfully. With such developments taking place in such rapid pace, the Intellectual Property Rights protection of remote sensing activities gains importance. It is important to understand the legal parameters to such activities, e.g. when it comes to protection of data and intellectual property rights, licensing and liability issues. In addition, attention must be paid to the role telecommunications satellites can play in promoting sustainable development of the society and the legal issues related to data protection of such activities.
The researcher in this paper, attempts to critically analyze the recent developments in Indian Space and Remote Sensing activities with the United Nations Principles Relating to Remote Sensing of the Earth from Outer Space, adopted in 1986, which continue to be an important source of international remote sensing law and policy. The researcher finally attempts to analyze the Intellectual Property Rights questions related to Remote Sensing, Telecommunication Satellites and Geographical Indicators in Indian Space Programmes.
A balance must be established by means of national space legislation regulating issues like licensing, liability and insurance, and technological and socio-economic responsibilities of the licensees. In this paper, the researcher has also emphasized on the need of a drafted law in light of commercialization and privatization of remote sensing activities.

Abstract document

IAC-08.E8.5.9.pdf

Manuscript document

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