ROLE OF IPR FOR INVENTIONS IN SPACE

INTRODUCTION:
Did you ever wonder who gets the copyright, trademark, and patent when something is
invented in outer space? The outer space region is roughly 100 km above the Earth's surface.
However, no international agreement has established the boundaries between air and outer
space. It has been settled that the spacecraft does not descend below 100 km and does not fly
above that altitude through prevailing practices. 

ACCESSION BETWEEN IPR AND SPACE ACTIVITIES:
However, it is crucial to note that there have been a number of treaties and agreements enacted
in relation to space law conventions to date, and the International Law of Outer Space is
founded on these treaties. The Outer Space Treaty of 1967, the Rescue Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1975 , and the Moon Treaty of 1979 are among them.

 The "Outer Space Treaty" is the most important among them.
It addresses the governmental activities occurring in the space.
Some prime articles of the treaty are as follows:
1. Article 1 of the treaty says that outer space is open to all governments for usage and
exploration. A single country cannot claim outer space. It is known as Res-Communis,
which translates to public property.
2. Article 2 of the Treaty, Outer space should not be subject to any state appropriation through
sovereignty.
3. Article 8 of the treaty deals with the jurisdiction and control of a space object and the
requirement that any employees associated with it reside in the country that registers it.

The pact is primarily focused on state activity in space and has overlooked the significance of
intellectual property rights. This lack of knowledge of IP rights in the case of government
activities has not been a problem until now. However, things will change dramatically if these
IP rights are overlooked in the case of private sector and commercial space activities.

From this, it is very well established that providing IP protection on Earth is well known and
defined when it comes to national laws and international agreements. However, many
unresolved areas need much attention when it comes to space.

THE ROLE OF PATENTS IN SPACE:
If innovation is original and innovative, it is granted a patent5

. Usually, patent law gives the
creator exclusive rights to use, create, and sell a patented product for a set length of time. To
create your innovation, you will need three things:
• The invention must be unique.
• The invention must be non-obvious; there must be a significant difference between it
and the preceding one.
• The invention should be beneficial to the entire human race.
The entire technical 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 unique, proprietary, and so patentable. Regarding patent law for outer space, issues arise
when an invention is used or infringed upon in space.

Inventions That Are Invented on Earth and Used in Space:
The patent system in the nation where the invention was developed will be followed, and the
patent will only be registered in that country. Following many international treaties and other
space standards, the space object can then be launched into space. Solar panels on the
International Space Station (ISS), according to Virginia Galactica, are an example of a concept
developed on Earth and used in space.

Inventions That Are Invented in Space and Used in Space:
This is a complex subject because it involves inventions that are not only created but also
employed in space. Until now, no inventions have been developed in outer space. Some space
specialists, on the other hand, have projected that inventions developed in space will occur in
the twenty-first century. Furthermore, if we examine the many types of space-related
inventions, we will notice that the central theme of these categories is jurisdictional issues. In
the meantime, we must also conclude that a jurisdiction in an outer space is rather an unclear
situation. Because there is no effective space control to assess the act of infringement when an 

invention is deployed in space, such inventions are more vulnerable to infringement. Even if it
is determined, challenges in implementing legislation will arise.

HOW CAN A SPACE OBJECT GET REGISTERED?
A state's obligation to exert jurisdiction and control over a space object in outer space if
registered in that state's register is included in Article 8 of the Registration Convention 19756
.
Space object registration has potentially evolved into a basis of established international law
that applies to all spacefaring states. A two-step registration process takes place at the national
and international levels. The state creates a national registry for its space objects. It notifies the
UN Secretary-General of all registered items to enter an object into the UN Register of Space
Objects. Since the state of the registry has jurisdiction and control over the space object, no
double-registration is possible.

HOW ARE REGISTERED SPACE OBJECTS TREATED?
Article 8 of the Registration Convention 19758

includes a state's commitment to exercise
jurisdiction and control over a space object in outer space if it is registered in that state's
register. Applying national/regional patent law to inventions developed and/or used in space is
one of the most often asked questions. While patent protection is limited by the applicable
territorial legal framework, under international space law, the state in which the space object
is registered retains jurisdiction and control over it. The topic is whether the geographical
jurisdiction of intellectual property law allows each national (or regional) legislation to be
extended to the things that each country has licensed and launched into space.

DOES IPR HAVE A POSITIVE EFFECT ON OUTER SPACE ACTIVITIES?
Regardless of the fact that space technology has traditionally been one of the most advanced
technological disciplines, and that outer space operations are, in fact, the result of creative
creations, intellectual property protection in relation to outer space activities has only recently
received more attention. The most important factor is that space operations are transitioning
from government-run to private and commercial enterprises. Remote sensing from space, direct
broadcasting, and research and production in microgravity conditions are among these 

activities. As a result, commercialization is expanding, agency privatisation is increasing, and
non-governmental organisations are becoming more aware of their property, both tangible and
intangible. Furthermore, due to a lack of financial and technical resources, government
organisations are also partnering with private businesses on space initiatives.

CONCLUSION:
Space operations have experienced a massive turning point as a result of technological
advancements. Implementation of IP rights and preserving the rights of the author our Space
law is becoming increasingly important as the number of space missions grows. However,
because Space law is part of international law and thus uniform for all countries, and IPRS are
jurisdictional in nature, there is a great deal of ambiguity when it relating to the implementation
of IP rights and Space law. This, however, can be resolved if states amend their IP rights in
relation to space laws and develop a much more systematic strategy.