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 that 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 1975. 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 1975 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 of 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 relates 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.