From Earth to Orbit: Converging Space Law and Intellectual Property Rights to Safeguard Innovation Beyond Earth

  • Md Jewel Ali
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  • Md Jewel Ali

    LLM Student at Department of Law, Aliah University at Kolkata, India.

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Abstract

The rapid commercialization of space exploration has created a unique set of legal challenges, particularly in relation to the protection of intellectual property (IP) rights. While the Outer Space Treaty (OST) of 1967 lays the groundwork for peaceful and cooperative space activities, it lacks explicit provisions addressing intellectual property in the context of space innovation. As private companies such as SpaceX, Blue Origin, and Virgin Galactic pioneer new technologies and drive investment in space, the protection of patents, trademarks, and copyrights becomes increasingly vital to fostering innovation and safeguarding proprietary technologies. This paper explores the intersection of space law and intellectual property, identifying the gaps and ambiguities in existing international frameworks that create uncertainty for inventors and companies engaged in space activities. The interplay between space law and IPR has generated questions on how terrestrial legal frameworks can be adapted to meet the needs of space activities. The legal complexity is compounded by questions of jurisdiction, as space is considered a global commons, raising concerns about how and where IP rights can be enforced. This lack of clarity poses a potential threat to continued innovation and investment, as companies risk losing control over their intellectual assets. Through an analysis of national and international legal regimes, including the U.S. Commercial Space Launch Competitiveness Act, the paper argues that a harmonized international approach is necessary to address the challenges of IP protection in space. Recommendations include the development of an international IP registry specific to space activities, which would streamline the process of registering and enforcing IP rights globally, and enhanced international cooperation on IP enforcement to avoid conflicts between national laws. Intellectual property rights (IPR), such as patents, copyrights, and trademarks, play a pivotal role in the modern economy. Furthermore, the paper discusses the ethical and environmental implications of space commercialization and calls for the inclusion of sustainable practices in IP frameworks to ensure responsible innovation. Ultimately, the convergence of space law and intellectual property protection is crucial for advancing space exploration while ensuring that innovation is rewarded and that the benefits of space-based technologies are distributed equitably and responsibly across the globe. It explores the intersection of space law and intellectual property rights, emphasizing the crucial role of IP in fostering innovation within the burgeoning space industry. The paper concludes with recommendations for a regulatory framework that incentivizes innovation while addressing the ethical and environmental implications of space exploration.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 5, Page 210 - 228

DOI: https://doij.org/10.10000/IJLSI.112212

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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