Introduction
Intellectual Property Rights were established to deliver control to individuals and organisations over their intellectual contributions, safeguarding their ideas and achievements under the rule of law. The broad spectrum of intellectual property rights includes patents for latest technologies, inventive quests, copyrights for software and trademarks. IP rights have provided producers a nurturing innovative environment to profit from the work and be lawfully secured within all the parameters of ownership.[1]
However, IPR usage becomes progressively substantial as human space explorations keeps on expanding. The use of IP also becomes more complicated as this exploration has an untapped field of the unknown; the growing space travel and new originations transpiring on the extra-terrestrial bodies like Moon and Mars. There arises a need of new IPR frameworks dedicated in space to limit the space laws, jurisdictions overseas and sovereign command on these alien bodies. The growing government space agencies and private companies with the globally spread partnerships must be regulated in the benefit of all the humanity.
The Outer Space Treaty
The introductory agenda for international space law, demarcating the principles that administers the public conduct in the outer space was established in the year 1967, under the name of “The Outer Space Treaty” (OST). It is firmly proclaimed that the celestial bodies in the extra-terrestrial is a communal inheritance of human race and should benefit regardless of the sovereign boundaries.[2]
The Outer Space Treaty thwarts the issues of the individual rights for the creations and inventive works developed in space as it forbids any state’s claim of authority in space. This creates a void in the legal framework of intellectual property rights as in the outer space one lacks the sovereign jurisdiction creating an ambiguity in the law.[3]
The Outer Space Treaty (OST) dispenses signatory governments the accountability to sanction and superintend all celestial activities, mandating all extraterrestrial operations to be executed tranquilly and oversee the operations carried out by the commercial entities. Adding on to the complexities of the legal system violating the intellectual property rights, the treaty makes the sovereigns liable for the losses sustained by the extra-terrestrial assets. The oversight role incorporates conduct of all conceivable conflicts associated to IPR, implementing the laws that regulates the communications with the commercial sector.
Even though the Outer Space Treaty (OST) endorses diplomatic space exploration, its ambiguity over IPR underscores the urgency of more inclusive bilateral pacts to efficiently report the challenges of safeguarding the intellectual property rights in the space.
Patents and trademarks
Patents & Trademarks are significant factors in IPR that fronts few characteristics which tests the milieu of space exploration.
Patents grant creators special rights to their originations, restricting others from manufacturing, using or selling the creations for their own purpose, naturally for 20 years. In our planet, national and international systems like Patent Cooperation Treaty (PCT)[4] govern the patents, however these frameworks don’t cover the space. Along the advancements in science, human beings have evolved to the extent of space. The various creations sent out of the Earth has no proper legislation. The new technologies set out on Moon, Mars or in orbit arises the question about the jurisdiction and enforcement. An invention made on Mars would require a patent to be filed on the planet the Earth, but under which country’s law? Additionally, according to the Outer Space Treaty nations are prohibited to claim sovereignty over any celestial body; cofounding the jurisdiction of the patents.[5]
Trademarks are safeguarding of the symbols, logos, brands or legally registered words used to identify a goods or service.[6] In the present-day world, while the frameworks like the Madrid System[7] permits for the intercontinental registration for the trademarks, it still does not have the provisions for the extraterrestrial activities. Sooner or later the private corporations would begin their journey of branding the space explorations or manufacturing goods serviceable in space and then there would be critical need for trademark protection. Nevertheless, the deficit of systematic legal framework for intellectual property rights in space necessitates new universal agreements to ensure the effective safeguarding and enforceability of patents and trademarks across the final frontier.
Copyright in Space
Despite the fact that trademarks and patents principally address the creations and the marketable benefits, the copyright law concentrates on safeguarding of creative works in the fields of literature, music, software and art. The copyright law provides exclusive rights to the creators for recreating, distributing and broadcasting of their own work for a specific duration (often a creator’s lifespan, i.e., 70 plus years).
Copyright law is administered by the national and international pacts on Earth such as the Berne Convention.[8] However, the prosecution of these laws is holding significant challenges out in the space. With the advancements in the modern-day technologies, as man pushes towards explorations in space like Moon and Mars, private entities will produce creative works in the realm beyond our planet. The range of these creative works stems out a broad spectrum of innovations such as written software for space programs, film shots in space, imaginative expressions inclined by the extra-terrestrial etc. This poses a challenge while determining the jurisdiction as it becomes vague under the Outer Space Treaty’s exclusion on national entitlements of authority over celestial bodies.
The deficit of clearly demarcated legal framework for the safeguarding of copyrights in space, creators might have to face several challenges in averting unauthorized infringement. With the evolutions within the space explorations, new intercontinental treaties or the leeway of present-day copyright laws will be necessary to protect creations made beyond our planet.
Private Space Exploration
The increasing participation of private corporations like SpaceX and Blue Origin in space exploration creates a necessity for navigating intellectual property rights which is keystone for competition and triumph. These commercial companies are persistently determined to curate cutting-edge technologies, ranging from advanced satellite system to reusable rockets, demanding robust safeguarding of their patents to secure their originations. These entities can restrict their competitions from duplicating their technologies and recuperate their substantive reserves in research and development. Additionally, trademark fortification would be critical to avert others from exploiting their titles, symbols and other branding rudiments as these firms launch brands and identities in the escalating space tourism and conveyance marketplace.[9]
The question about the jurisdiction and enforcement of intellectual property rights still poses a threat as the complexities of Outer Space Treaty prohibits the sovereign claim over celestial bodies. For better understanding, a technological innovation on Mars would fall under the patent laws of the sovereign from which the corporation has launched its mission, confounding the ownership claims.
Commercial entities would require a close working administration with the international bodies to encourage new or modified IPR frameworks which would stem unique difficulties of functioning in space, safeguarding the innovations and brands. [10]
The Future of space law
The structured framework of IP law is expected to undertake substantial alterations, instigating the requirement of new agreements and international treaties, addressing the challenges beyond Earth. The current foundations of law in space like Outer Space Treaty might not suffice the issues in context with intellectual property rights, specifically because states and commercial corporations involve in various endeavours such as space tourism and reserve mining.
Queries can ascend about the proprietorship of resources and innovation patents established for missions such as exploring or mining on the Moon or asteroids. Moreover, the globalization of extra-terrestrial ventures underscores the essentiality of cooperative agendas that warrant profit-making and impartial access among states and private companies.
The establishment of inclusive global pacts on intellectual property rights would assist corporations in research and technology sharing while protecting the welfare of innovators.[11]
Conclusion
The developing landscape of interstellar exploration demands a crucial investigation of IPR as human race endeavours further into the outer space. The prevailing legal frameworks such as the Outer Space Treaty brings up challenges in smearing traditional intellectual property rights notion to extra-terrestrial activities, forming reservations about exclusive rights, trademarks, and copyrights. The cumulative participation of commercial entities in space ventures augments additional coating of intricacy, as they pursue to guard their originations and brand individualities in a jurisdictional void. The prerequisite for strong and compliant universal contracts is dominant to protect intellectual property in this new edge.[12]
By creating all-inclusive agendas that address the exclusive conditions of activities beyond Earth can substitute a milieu favourable to novelty while certifying unbiassed accessibility to interstellar resources for everyone. In due course, the imminent future of IP law in space would entail alliance among countries, private companies, and global administrations to generate a robust legal framework that ropes justifiable advancement and investigation beyond the planet. The dawn of a new age in space exploration persistent efforts in reframing intellectual property rights would be critical to shielding human ingenuity at the end.
[1] INTA, ‘IP in Outer Space: The Next Frontier’ (INTA, 2022) <https://www.inta.org/perspectives/features/ip-in-outer-space-the-next-frontier/> accessed 21 October 2024.
[2] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (adopted 27 January 1967, entered into force 10 October 1967) 610 UNTS 205 (Outer Space Treaty).
[3] Space Foundation, ‘International Space Law’ (Space Foundation) <https://www.spacefoundation.org/space_brief/international-space-law/#:~:text=There%20is%20no%20claim%20for,be%20used%20for%20peaceful%20purposes.> accessed 21 October 2024.
[4] Patent Cooperation Treaty (adopted 19 June 1970, entered into force 24 January 1978) 1160 UNTS 231.
[5] Potter Clarkson, ‘Do Patents Apply in Space?’ (Potter Clarkson, 2023) <https://www.potterclarkson.com/insights/do-patents-apply-in-space/ >accessed 21 October 2024.
[6] WIPO, ‘Intellectual Property Challenges on the Final Frontier’ (WIPO Magazine, 2021) <https://www.wipo.int/wipo_magazine/en/2021/04/article_0005.html> accessed 21 October 2024.
[7] Madrid Agreement Concerning the International Registration of Marks (adopted 14 April 1891, entered into force 15 July 1892), as amended by the Protocol Relating to the Madrid Agreement (adopted 27 June 1989, entered into force 1 December 1995).
[8] Berne Convention for the Protection of Literary and Artistic Works (adopted 9 September 1886, last revised 28 September 1979).
[9] Klemens, B. (2020). Intellectual Property Rights and the New Space Economy. Journal of Space Law, 44(1), 45 68.
[10] UN. (1967). Outer Space Treaty. Retrieved from <https://www.unoosa.org>
[11] Bennett, B. (2021). The Future of Space Law: Navigating Intellectual Property in the Cosmos. Space Policy, 55, 101458
[12] Emilia J. Mišćenić, ‘Intellectual Property and Space: International Legal Challenges’ (2021) 12(2) Hastings Sci & Tech LJ 95<https://repository.uclawsf.edu/cgi/viewcontent.cgi?article=1111&context=hastings_science_technology_law_journal> accessed 21 October 2024.
Authored by: Abhigyan Choudhary
Student, DSNLU Vishakhapatnam
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