Patents in outer space

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PATENTS IN OUTER SPACE

P.ILANANGAI

IP CONSULTANT

PATENT DEPARTMENT



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• Patents in Outer Space?

• Patents are, by their nature, territorial rights, so whose territory is space?

• Outer space, or simply space, is the void that exists between celestial bodies, including the Earth.

• Space exploration began in October 1957 when Russia launched its unmanned satellite Sputnik-I into Outer Space followed by United States its unmanned satellite Explorer I in 1958. Later Russia followed by United States launched manned satellites.

• contd...

INTRODUCTION



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• Space law is a part of International Law which applies to the Outer Space Region. The term “Outer Space Region” means 100 kilometres upward beyond the surface of earth.

• Initially, Space activities were mainly public activities or governmental activities.

• In modern days, the exploration and use of the Outer Space extended to private and commercial enterprises.



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• The Outer Space Treaty is a treaty that forms the basis of international space law. The treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, and entered into force on 10 October 1967. As of May 2013, 102 countries are states parties to the treaty.

• Article VI of the 1967 Outer Space Treaty provides that States shall be responsible internationally for national activities in Outer Space carried out by Governmental agencies or by non-governmental agencies and that also state shall authorize the activities of non-governmental in Outer Space. These activities include remote sensing from space, direct broadcasting, and launch and space vehicle services, manufacturing in space and microgravity research, among others.

OUTER SPACE TREATY



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• The United Nation made an ad-hoc committee for Peaceful uses of Outer Space (COPUOS), and passed a resolution on 20 December 1961 as

• (a) International law, including the charter of the United Nations, applies to Outer Space and celestial bodies,

• (b) Outer Space and celestial bodies are free for exploration and use by all States in conformity with international law and are not subject to national appropriation.

SOVEREIGNTY IN OUTER SPACE



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IMPORTANCE OF IPR IN SPACE REGIME

• In recent years Intellectual property protection in connection with Outer Space activities has raised wider attention.

• The reason is that:

– The space activities are increasingly now shifting from state owned activities to private and commercial activities.

– Globalization of space activities.

– New business possibilities are emerging.

• IPR protection intends to stimulate the creativity of the human mind for the benefit of the public in such a way that the creator and the investor will be encouraged to be more active in space research and exploration.



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INTERNATIONAL SPACE STATION [ISS]

• The ISS is essentially a laboratory in Earth’s lower orbit which allows scientists to perform research in microgravity that cannot be done as well, if at all, on the Earth’s surface.

• An invention created by an enterprising astronaut on ISS will be patented in the nation that has jurisdiction over the module where work took place, not the nation of the inventor.



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APPLICATION OF NATIONAL/REGIONAL INTELLECTUAL PROPERTY LAW IN OUTER SPACE

• As regards inventions made and/or used in outer space, one of the issues frequently raised is the applicability of national/regional patent law in outer space.

• As far as an object launched into Outer Space is concerned, in accordance with Article VIII of the Outer Space Treaty, the State on whose registry such an object is carried shall retain jurisdiction and control over that object, and over any personnel thereof.

• According to Registration Convention, a “launching State”, should register the space object with an appropriate registry.

• contd..



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• In order to protect the exclusive rights of inventors, intergovernmental agreement on the International Space Station was signed on 29 September 1988 by the United States of America, Japan, Canada, and ten other member states.

• Article 21 of the intergovernmental agreement provides that each partner will have jurisdiction over its own registered element, in regards to the basic principle of both the Outer Space Treaty and the Registration Convention.



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THE ASTRONAUT INVENTOR’S BEST FRIEND, 35 USC §105

• In 1990, the US legislature passed an Act to amend Title 35 of the United States Code with respect to the use of inventions in Outer Space. It states that “any invention made, used or sold in outer space on a space object or component thereof under the jurisdiction or control of the United States shall be considered to be made, used or sold within the United States”

• Space travel has become a much more international affair, with new players on the scene such as the European Space Agency, the Chinese National Space Administration and the Indian Space Research Organisation, the latter having very recently launched a spacecraft to Mars.



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Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



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PATENTS IN CONNECTION WITH OUTER SPACE



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SPACE LEGISLATION IN INDIA

• India, like many others countries, has not enacted any space legislation.

• India is a party to all international space treaties, which form the main body of international space law. India has also played a significant role to adopt legal principles by the U.N General Assembly Resolutions, which provide for the application of international law and promotion of international cooperation and understanding in space activities.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

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CONCLUSION

• Space, provides sufficient opportunities for many joint venture programmes for various innovative applications towards the cause of humankind.

• A harmonized system of IPR regime for the outer space.

• The harmonized system should take into account the interests of developing countries and promote moral and ethical usage of the Outer Space for the benefit of the entire humanity.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

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THANK YOU

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Patents in outer space