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Literature Review: Scope of Patent Rights IN THE Outer Space

The document discusses the scope of patent rights in outer space by reviewing several sources: 1) A book addressing regulatory challenges for small satellites that emphasizes complying with existing rules to ensure safe and responsible use of outer space. 2) A paper describing problems of limited orbital positions, interference, and space debris and the need to strengthen international cooperation to ensure access to telecommunications. 3) The Outer Space Treaty which establishes that outer space is free for use by all nations and prohibits nuclear weapons but allows military activities, with limitations on sovereignty claims. 4) The Registration Convention requiring states provide details about orbiting space objects to the United Nations.

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Saharsh Chitransh
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72 views3 pages

Literature Review: Scope of Patent Rights IN THE Outer Space

The document discusses the scope of patent rights in outer space by reviewing several sources: 1) A book addressing regulatory challenges for small satellites that emphasizes complying with existing rules to ensure safe and responsible use of outer space. 2) A paper describing problems of limited orbital positions, interference, and space debris and the need to strengthen international cooperation to ensure access to telecommunications. 3) The Outer Space Treaty which establishes that outer space is free for use by all nations and prohibits nuclear weapons but allows military activities, with limitations on sovereignty claims. 4) The Registration Convention requiring states provide details about orbiting space objects to the United Nations.

Uploaded by

Saharsh Chitransh
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW

Air and Space Law

Literature Review

SCOPE OF PATENT RIGHTS IN THE OUTER


SPACE

SUBMITTED TO: SUBMITTED BY :

DR. VIKAS BHATI SAHARSH CHITRANSH

ASSISTANT PROFESSOR (LAW) B.A.LL.B. (B) X SEM.

Dr. RMLNLU ENROLL. NO. 170101112

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1. SMALL SATELLITES - REGULATORY CHALLENGES AND CHANGES
(IRMGARD MARBOE ED., 2016)

The book addresses several topics concerning small satellites, namely the importance
of complying with the existing rules and regulations that are in place to ensure that
outer space is used and explored in a safe and responsible manner. The several
contributors are renowned academics and practitioners from many different countries
that share their experiences and insights and suggest practical solutions. It shows the
importance of existing rules and regulations to ensure the safe and responsible use of
outer space by universities, start-ups and governments.

2. RAM JAKHU, LEGAL ISSUES OF SATELLITE TELECOMMUNICATIONS,


THE GEOSTATIONARY ORBIT, AND SPACE DEBRIS, 5
ASTROPOLITICS 173, 175 (2007).

The problems shortage of appropriate orbital positions, satellite interference and space
debris are serious. Unless resolved in a timely fashion, they would pose significant
barriers and dangers to all (civilian, commercial and military) satellites and could
result in denial of access to space in practice by all states. This paper first describes
the current situation of shortage of GEO positions and increase in satellite
interference. Secondly, current international regulatory regime governing the access to
and use of these tools has been analyzed with a view to highlight the weaknesses
therein. Thirdly, the problem of space debris is discussed with a view to show how
difficult it is becoming to carry on space operations and how important and urgent it
is to have an appropriate legal regime in place. Finally, a few recommendations are
made emphasizing the need for international cooperation in order to strengthen the
international regulatory regime so that the required telecommunication services
remain readily available to all and outer space remain pollution-free environment to
be used for and by all states.

3. TREATY ON PRINCIPLES GOVERNING THE ACTIVITIES OF STATES IN THE


EXPLORATION AND USE OF OUTER SPACE, INCLUDING THE MOON AND
OTHER CELESTIAL BODIES

The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of
States in the Exploration and Use of Outer Space, including the Moon and Other
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Celestial Bodies, is a treaty that forms the basis of international space law. Among the
Outer Space Treaty's main points are that it prohibits the placing of nuclear weapons
in space, it limits the use of the Moon and all other celestial bodies to peaceful
purposes only, and establishes that space shall be free for exploration and use by all
nations, but that no nation may claim sovereignty of outer space or any celestial body.
The Outer Space Treaty does not ban military activities within space, military space
forces, or the weaponization of space, with the exception of the placement of weapons
of mass destruction in space. It is mostly a non-armament treaty and offers
insufficient and ambiguous regulations to newer space activities such as lunar and
asteroid mining.

4. CONVENTION ON REGISTRATION OF OBJECTS LAUNCHED INTO OUTER


SPACE

The convention requires states to furnish to the United Nations with details about the
orbit of each space object. A registry of launchings was already being maintained by
the United Nations as a result of a General Assembly Resolution in 1962.
The Convention on Registration of Objects Launched into Outer Space (commonly
known as the Registration Convention) was adopted by the United Nations General
Assembly in 1974[1][2] and went into force in 1976. As of December 2018, it has been
ratified by 69 states.

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