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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