The protection of patent rights in the outer space

The protection of patent rights in the outer space

Although it has become a general determination of the nations through international treaties, that space is not to be claimed by a single state, yet space activities, like all other human activities, are bound by the provisions of international and national law. Commercial human activities in commercial space have spawned several new legal issues related to human activities, but have now been resolved. For example the use of telecommunications satellites, whose activities are subject to public international law, International Space Law, International Telecommunication Law, and of course the national law of each country. Meanwhile, you can also consult with the best Fort Wayne Patent Attorney if you wish to understand more about copyrights and patent laws.

One of the issues that the authors find interesting is the protection of intellectual property rights, especially patents related to space activities, since almost all components of the sky have connections with technology, which is protected by patents. Or what is the status of the invention of the discovery of new technology occurring at the space station, who is the patent holder of the invention? Or what if on one of the planets crawled by the spacecraft accidentally discovers the essential information for human life, does the invention belong to the inventor/state of the machine owner, or should it be shared and used for the benefit of the human communally? considering that intellectual property rights are not merely economic philosophy, but must also be used for the common good, a valid example is the provision of compulsory licensing.

The legal status on the outer space

Just like a lawyer who intends to provide a definition of law, which can certainly result in dozens of different opinions, the same will happen if we try to define space or space. What is the exact definition of space? Space outside the earth’s atmosphere without being affected by the force of gravity of the earth? Space that is 10 m or 100 m or even 1,000 from the earth?
Nevertheless, since the commencement of Sputnik 1 delivery by the Soviet Union, the countries of the world, together with the United Nations have tried to regulate this entirely new matter. Several times they tried to use the concept of traditional international public law applicable to the new territory, or as described by the creator of the science fiction, Gene Rodden Berry, as the final frontier or the last frontier to be explored by humans.

As for the problems of the invention derived from objects a natural object of space, again the author will look to the provisions of international maritime law, especially on the Law of the Sea Treaty. Where based on this treaty, the state of the country conducting the research in the open sea has an obligation to improve the general welfare, and to transfer the technology found to promote and encourage the transfer of knowledge so that all States Parties benefit therefrom.

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