OUTER SPACE FREE

It is regarded as “Res-Communis” which means in the public domain or public property.Īrticle-2 of the treaty: outer space should not be subject to any kind of national appropriation through sovereignty.Īrticle-8 of the treaty: deals with the jurisdiction and control over a space object any personnel thereof shall remain in the state which registers such space object. the outer space can’t be claimed by any single state.

OUTER SPACE FREE

Some important articles of the treaty are as follows:Īrticle-1 of the treaty: outer space is free for use and exploration by all states. Out of which “THE OUTER SPACE TREATY OF 1967”, only addresses the governmental activities occurring in the space. But what happens in the case of outer space? Are IP rights important when it comes to space? Can space be limited to jurisdiction and boundaries? Is there a need to have a balance between the IP right and Space Activities? Why there should be a harmonization between IPR and space activities?ĥ international treaties are currently governing laws relating to outer space. In the same vein, intellectual property laws are constrained by jurisdictional constraints. They confer on the owner or creator, like any other property right, the right to make a profit from their work both legally and economically. Intellectual property rights, as defined by law, are those rights granted to individuals for their intellectual creations by copyright, trademark, design, or patent protection. However, there is no international agreement that has yet established the boundaries between air space and outer space, but through customary practices, it has been established that the spacecraft does not descend below 100 km and does not fly above that altitude as well. There is an area of air space beneath this region. The outer space region refers to 100 km above the earth’s surface. the private sectors will not have any kind of incentive for investment, hence it is very essential to recognize the IP rights that are associated so that private sectors can actively participate in the space exploration. but then the question of “Whether sufficient protection exist in the private sector for undertaking space activities?” therefore, without strong protection granted for patents, trademark, trade secrets, copyright, industrial design, etc. Involvement of private sector in space requires a huge amount of investment, as they provide various service like fabrication, broadcasting, supplying materials required to launch any kind of space vehicle, etc.

Outer space