HOW DOES IP LAW WORK IN OUTER SPACE

Technical development in the area of outer space, for the motive of scouting outside earthly surroundings, researching and utilizing it, is not a creative idea. However, despite a government-led initiative, the issue of intellectual property rights governing these breakthroughs has recently been raised, acknowledging that these breakthroughs have become more of a personal or profit-oriented event. Shielding one’s creation is crucial for their accomplishment of an aim. With the globe grasping the significance of such protection, the requirement for it has grown rapidly.

INTRODUCTION –

Technical development in the area of outer space, for the motive of scouting outside earthly surroundings, researching and utilizing it, is not a creative idea. However, despite a government-led initiative, the issue of intellectual property rights governing these breakthroughs has recently been raised, acknowledging that these breakthroughs have become more of a personal or profit-oriented event. Shielding one’s creation is crucial for their accomplishment of an aim. With the globe grasping the significance of such protection, the requirement for it has grown rapidly.

In 1967, The Outer Space Treaty was established and arguably configures the basis of International Space Law. It was planned to undertake that Outer Space investigation does not consequence in profess of possession to any bit of the celestial body in Outer Space. Intellectual property laws deal with the legal concern of the personal business and secure a right possessor as opposition to others. Therefore it is an extent deal of stress between outer space law and intellectual property laws.

Copyrighted materials broadcast by satellite are covered by Articles 22 and 17 of the ITCU. Secret messages must be kept secret, according to certain articles. Sanctions can, however, be insufficient to act as a deterrent. Similarly, the UN Convention on the Security of Literary and Artistic Works (UCC) and the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention for the Protection of Literary and Artistic Works) do not provide enough IPR protection for "unauthorised surveillance of satellite transmissions."

A Committee of Governmental Experts was assembled three times in a row to address copyright concerns due to the lack of adequate security for the content transmitted in space.

Outer space exploration and usage, including the Moon and other celestial bodies, shall be conducted for the benefit and in the interests of all nations, regardless of their level of economic or scientific advancement, and shall be the province of all mankind. States must develop and promote international cooperation in scientific research in outer space, including the Moon and other celestial bodies, which must remain free. According to Articles 1 and 2 of the Outer Space Treaty of 1967, outer space, including the Moon and other celestial bodies, is not subject to national appropriation by declarations of sovereignty, use or occupation, or by any other methods.

WHAT EFFECT DOES THE LACK OF GEOGRAPHICAL BOUNDARIES IN SPACE HAVE ON THE EFFECTIVENESS OF INTERNATIONAL BORDERS?

Human society has developed boundaries on Earth to demarcate a portion of the world that belongs to a specific nation. The Indian government, for example, owns the land that lies between Pakistan, China, Nepal, Bhutan, Myanmar, Sri Lanka, and Bangladesh. There has been no establishment of boundaries on the moon or any other celestial body since there has been no colonization of the celestial bodies. This means that the general method of patency defense, or some other IPR, is unsuccessful. Unauthorized production or use of a patent is prohibited.

The innovative method, i.e. the process of producing Rocket Fuel, is proprietary in terms of production. A large number of devices can be used in the process. These businesses want to mine the celestial bodies for such technology. As a result, such equipment will likely be dispersed around the celestial body.

VARIOUS INTELLECTUAL PROPERTY RIGHTS AND SPACE -

Practically, if we carefully examine the situation, creating IP laws is the need of the hour if outer space activities are in constant flux. With the advancement of technology and the emergence of emerging technology for space operations, it is becoming more difficult to determine whether some aspects of IP, such as production, inventions, and licensing of goods such as software, come under the protection of IP or not.

IN OUTER SPACE, WHAT ROLE DOES COPYRIGHT PLAY?

Even though the term "originality" is not specified explicitly in the copyright act, it is still considered a significant criterion for deciding whether or not a work qualifies for copyright. Original literature and artistic works are protected by copyright. The raw data obtained by these satellites have no copyright value when it comes to space activities. However, copyright remains in the final processed or value-added data produced after the raw spatial data has been disseminated.

However, another problem that arises is the question of who is the author of such work. As is well known, the author/creator of the work is considered the first owner of the copyright, but it is difficult to determine who the owner of such work is since it is collected by a computer (Earth observation satellites) without any human presence in outer space.

IN SPACE, WHAT ROLE DOES A TRADEMARK PLAY?

The primary goal of a trademark is to protect the company's goodwill associated with its products and services. Trademarks must be distinct and exclusive to serve as a source identifier in the marketplace. Words, icons, color combinations, and other symbols can also be used as trademarks.

There haven't been many problems with trademarks and outer space. The trademark, on the other hand, would not be able to prevent infringement in space for long.

THE POSITION OF PATENTS IN SPACE –

If an invention is original and fresh, it is issued a patent. Normally, patent law gives the inventor exclusive rights to use, create, and sell a patented invention for a set period. To create your invention, you'll need three things:

The invention must be special.
The innovation must be non-obvious, that is, there must be a noticeable difference between it and the previous one.
Technology must be beneficial to humanity.

The entire scientific process for gathering raw data from outer space using a Remote Sensing Satellite has been patented. Every remote sensing satellite employs a technique and technology that is exclusive and proprietary, and therefore patentable. When it comes to patent law in space, questions occur when an invention is used or infringed upon.

CONCLUSION -

Outer space activities have long been associated with high-tech technologies and advanced research, but IPR recognition for these activities is relatively new, and India, like many other countries, has yet to enact space legislation or include provisions in its domestic IPR regime dealing with these activities.

Having said that, the main impediment to reconciling Space law and IPR is that Space law is part of international law, so it is universal and consistent for all countries, while each country has its IP regime. In the area of space IPR, there is a lack of legal clarity and a single uniform rule. Law comes with compliance mechanisms, which are currently missing in the case of Space IPR issues.

REFERENCES -