Application of Intellectual Property Rights to Outer Space Activities: An Adaptive Regulatory Approach in the Context of Space Commercialization
- Paper number
IAC-17,E7,IP,2,x39740
- Author
Dr. Zhijie Chen, The University of Hong Kong, China
- Coauthor
Prof. Ruidong Zhong, Jinan University, China
- Year
2017
- Abstract
The regulatory environment for outer space activities has changed from space monopoly to space commercialization, which certainly requires a proper intellectual property (IP) legal regime. Yet, the IP international treaties have not explicitly considered the issue of IP protection in outer space in their provisions, and in the provisions of the five outer space treaties, none explicitly address IP. This has substantially discouraged states and private entities from engaging in space activities. Therefore, it is time that a legal proposal is put forth to address this legal vacuum in relation to space activities. The objective of this paper is to provide an adaptive regulatory approach that would allow the application of IP to outer space activities in a pragmatic, enforceable and feasible manner. It is argued in this study that the construction of a new IP legal regime for outer space is unlikely to succeed as this approach lacks a theoretical foundation. Nevertheless, the provision of Art. VIII in the OST, can be legitimately employed as a means of deviation to indirectly permit the protection of IP in space under the existing international legal framework. Such an approach is considered to be the alternative regulatory approach which is not only more pragmatic, enforceable and feasible, but can properly address the current and near term needs of space development.
- Abstract document
- Manuscript document
(absent)