How does IP Law Work in Outer Space?

All of us have come across discussions about space and celestial bodies in our school books and even in news bulletins. Since the profound impact of globalization, technological advancements have happened in the field of outer space. The concept of intellectual property rights advocating these outer space advancements has come forward on account of the developments that have become commercial rather than state-run activities. IP rights ascertain the protection of one's innovation for its security by granting individuals copyright, trademark, design, or patent protection. This brings us to an interesting question,

Are there IP laws in outer space?

Yes. Let’s learn more about them.

Role of IP rights in outer space

The questions that may hit our minds are,

• How does IP law work in outer space? Why are IP rights important when it comes to space?

• Can space even be compiled under the ambit of IP rights and jurisdiction?

The answer to all these questions is a big yes!

Outer space advancements are happening constantly with dynamic trendsetters in technology. IP rights for protecting the innovations of outer space are more than just being important and nice to have. Outer space is the existence beyond Earth where all the planets, galaxies, and stars are found. The research of space or outer space is not just limited to the governing bodies but has extended to the private players as well. IP rights in space mean that a state is capable of granting protection to innovations and creations in the space.

Article VI of the Outer Space Treaty, 1967 states that when activities are carried on in outer space, including the moon and other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization.

Probable IP laws and their implications on Outer Space

Trade secrets: Trade secrets are granted to bodies that work autonomously for producing and deploying space-related technologies without any support from a third party.

Patents: Patents are granted by state governments to entities that fall within the scope of territorial boundaries and to jurisdiction(s) and the ‘control’ points of the technology. For entities outside the scope, the issue was resolved by Article VIII of the Outer Space Treaty that proclaims the control of the state over granting patents to outer space objects with all rights over technologies retained.

Trademarks: Trademarks are associated with branding of goods and services, so there is no provision for granting trademark protection to any outer space invention. Although, inventors and manufacturers strive for trademark protection against exploitation.

Copyrights: Copyright protection is all about the protection of originality. In terms of outer space, the raw data collected by satellites have no copyright value, although the end processed or value-added data can hold copyright encryption.

Harmonizing IP laws and outer space laws

Owing to the fact that the department of IP rights is controlled by the state, it is irrefutable that IP rights are essential for the protection of outer space developments.

Loopholes: These laws still have many contradictions when it comes to knowledge acquisition by the developing countries (like IPR and space law in India). Although harmonizing laws extended and enabled by international entities like the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has been implemented, but they are not sufficient.

Possibilities: There is a need that persists among the developing countries to acquire free and fair information of the outer space. To settle down disputes arising out of IPR in the outer space, standard and uniform enforcement is needed. This will open avenues for multiple countries who will benefit with new research and possible innovations and breakthroughs.

In conclusion, outer space development has surged the advancements in technology that have been shielded by the protracting intellectual property laws. With the cordial contribution of technical and financial cooperation of the private players and government entities, adequate methods of outer space exploration and knowledge acquisition have fostered over the last two decades. The best part about inventions and innovations is that they are going to have exclusive rights that are legally granted. If you have a business in this industry, you can get past the complexities of legal procedures if you outsource legal process outsourcing services to India.