Resolution of disputes regarding infringement of intellectual property rights related to space activities
- Paper number
IAC-19,E7,2,4,x54550
- Author
Dr. Catherine Doldirina, Italy, International Institute of Space Law (IISL)
- Year
2019
- Abstract
Space activities are developing and diversifying at a fast pace, and are more frequently carried out by commercial entities that aim at establishing themselves as successful players in relevant markets. Space activities are characterised as highly technical and often disruptive: attributes that necessarily include reference to intellectual property associated with or underlying them. Intellectual property is a critical asset for virtually all entities pursuing space activities, be it for commercial or other purposes. This certainly calls for availability of effective protection of such intellectual property, as well as the mechanisms to enforce such protection, particularly in cases of an alleged breach. This paper discusses the regulatory regime applicable to intellectual property related to space activities with the view to analyse its applicability in cases of disputes regarding such intellectual property. It approaches the analysis by addressing several critical points: territoriality of intellectual property protection; specific regulatory provisions applicable to intellectual property related to space activities and their effectiveness; location of the infringement (e.g. on Earth or in outer space) and jurisdiction over a dispute; remedies available to those whose intellectual property rights were infringed. In addition, to provide a rather practical dimension to the discussion and analysis, the paper outlines several cases/activities from which an infringement of intellectual property rights and a subsequent dispute may arise. Particular focus within this dimension is given to the activities regarding active debris removal, recycling of space debris, and production of assets in outer space itself. The approaches to dispute resolution within each scenario will be assessed based on the findings of the analysis pertaining to the applicable regulatory regime. The ultimate goal of the exercise is two-fold: firstly, to identify grey or otherwise problematic areas of the regulatory regime applicable to intellectual property related to space activities within the context of enforcing intellectual property rights against an alleged infringement; and secondly, to provide an assessment as to how these problematic areas can be overcome to ensure effective dispute resolution in case of need.
- Abstract document
- Manuscript document
IAC-19,E7,2,4,x54550.pdf (🔒 authorized access only).
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