Broadly speaking: INTO THE SPACE WITH IPR

Profile of the Author: Mudit Saxena is pursuing Integrated BBA+LLb (HONS.) from School of Law, Galgotias University, Greater Noida, and Uttar Pradesh.

INTRODUCTION

Curiosity has always driven mankind to explore and find answers to their questions. Over time, man has explored remote lands, sea beds, oceans, flora and fauna, and the list goes on. However, over a few decades space has been the focus of exploration for mankind. Several space missions by various countries have taken place and have added more to the curiosity.

In addition to this curiosity has also resulted in a boom in technological advancement. Moreover, this has also given rise to competition among nations to explore more and more of the outer space. In the contemporary world, it is becoming a bit obvious that where there is technology there’s a need to protect the technology and this is where Intellectual Property Laws (hereinafter referred as IP Laws) come into the picture. Through this article, the author is trying built a nexus between technological advancement for space exploration and IP Laws.

APPLICABILITY OF IP LAWS IN SPACES

There was a time when exploring the extra-territorial environment was only a state-run activity. Nowadays, these activities are being privatized and companies like SpaceX are emerging. Therefore, to protect the interest of these companies and to protect their technological advancement intellectual property rights (hereinafter referred to as IPR) come in the picture. However, this privatization is under strict observation of the government where the company is functioning. [1]

Now, let us understand what all IPR can be accorded to Space technology and advancements:

1. Copyright: This IPR is provided to the creator/author for his/her work and bestows certain rights to the owner in order to protect the creation from getting misused. As we are well versed that copyright is generally taken by authors, poets, lyricist, musicians for their novels, stories, poems, etc. Therefore, this brings a question in our minds that how copyright is applicable in space and what is its need. For a Space Expedition, a variety of coding is used and this coding can be protected under Copyright. In addition to this, the transmission and reception of the satellite signal can also be subjected to copyright as it will give the sole right to the respective party. However, this copyright of transmission and reception also needs to be backed up by other International Laws like the International Telecommunications Convention and Radio Regulations of the International Telecommunications Union. Therefore, to deal with the issues of copyright upon the space signals and telecommunication Brussels Satellite Convention was formed.
2. Trademark: The introduction of the private layers in space exploration has given rise to the dire need of Trademark laws in order to protect the interest of these players. Despite the presence of several International Laws and Conventions in the contemporary world, there is still a dearth of laws to govern and protect the trademark.
3. Trade Secrets: It is a well-established fact that Space Exploration Programmes require state of the art technology and a lot of funding. Therefore, there is a lot of copying and borrowing of technology which may at times be unethical. Those entities which are well occupied by the technology and funds need to protect their trade to be protected via Trade Secrets.
4. Patents: Space Exploration Programmes have led to the invention of varies of machinery and equipment. However, the jurisdiction is a major issue while providing the patent. Therefore, this issue has been a part of major debate and discussion until the formulation of the Outer Space Treaty that resolved this issue. [2]

HARMONIZATION OF LAWS

While understanding the applicability of the IPR, it more evident that the IPR laws are not in harmony with Space and Space Laws. There is a dearth of law or a gap between these laws which needs to be patched and must be harmonized.

The countries must act accordingly to harmonize the laws in consultation with the World Intellectual Property Organization (WIPO) and with reference to the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement. The countries have to be quick building the nexus between these laws as Space has enormous potential for future endeavours like space tourism, colonization, etc. Moreover, the interest of private players also needs to be protected. This global pandemic may have hurdled the space exploration programmes but has given an opportunity for the respective authorities to make the necessary changes to safeguard the Cosmos Technology.

WHOM WE CAN LOOK UPTO?

In general, there are several nations which are continuously pondering upon reforming their IP Laws and Space Laws while there are some nations which have been able to set a balance and built a nexus between these two futuristic laws.

At present, the United States of America is the only nation which has IP Laws in nexus with the Space Laws and this is one of the reasons why the USA has to leap forth in space exploration programmes. The USA has been able to achieve so by making a very small change yet witty, i.e. under the NASA Act, it recognizes the space tech (rockets, space crafts, satellites, etc.) as vehicles and hence, they can easily be patented under the IP laws. It has also developed a flexible framework and policies which aid in protecting the proprietary interest and allows commercial industries to flourish in the field of Cosmos exploration.

Over a period of time, the European Space Agency has also developed various rules and regulation to deal with the issues related to IP laws and the Space Laws. It has created a healthy environment for technological advancement that almost 20 patents a year to protect the proprietary interest. [3]

CONCLUSION

India is a signatory to all the major IP related treaties and conventions but however, it does not possess any law to resolve the IP related issues in Space. India is diversifying in space exploration programmes and is becoming a global leader, therefore, the respective authorities are ought to make laws and establish a nexus between the Space laws and IP Laws in accordance with the international standards set-up by the treaties and conventions.

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REFERENCES

[1] According to Article 6 of the Outer Space Treaty, 1967, the state will be liable for any outer space expedition carried out the state government or private players of that state.

[2] Article 8 of the Outer Space Treaty.

[3] Intellectual Property Law And The Outer Space: A Promising Future Ahead?, https://www.mondaq.com/india/trademark/762020/intellectual-property-law-and-the-outer-space-a-promising-future-ahead