DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW

Air and Space Law

Synopsis/Rough Draft

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

1
INTRODUCTION
Since the start of 20th century, we humans have seen a rapid change in technology which
includes both the Intellectual Property Regime and also the Outer Space, which have further
led to the growth in laws governing both the subjects. In the second half of the twentieth
century, we saw a huge change when the Man landed in the moon and how the satellites were
launched to the outer space. This has now led to opening the gates for the private players to
come forward to make the investment in the outer space activities. But we then we need to look
that International agreement tells us that no one can claim the celestial bodies or outer space as
their own1. Now, this brings the hurdle for the investment of these commercial private players.
Such provisions hinder the growth in the outer space as Commercial Private players cannot live
without getting the Intellectual property rights being given to them, or in easy words, we can
say no investment of the private player can survive without allocating them IPR protection.

This will further lead to the overlap of the Intellectual property laws with that of Laws
governing Outer Space. The paper will look upon the very conflict between Intellectual
property rights and outer space. We should know that current Laws regarding the same doesn’t
help us to solve the conflict and the same problems have been further elaborated in this paper.
We will also be seeing the current legal framework which deals both the Intellectual property
Rights and the Outer Space, also we will be looking at how territorial extension of the
Intellectual Property Rights in the outer space has been regulated.

RESEARCH METHODOLOGY
The researcher is following a doctrinal approach towards the topic. Doctrinal method will be
descriptive in nature and will comprise the collection of data through various secondary sources
such. Sources will also comprise the literature in form of news articles, research papers, Journal
articles etc.

OBJECTIVE
This seminar paper is mainly concerned with the analysis of the various laws involved in
patenting of satellites.

1
Art. II, Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space,
including the Moon and Other Celestial Bodies (1967), 18 UST 2410, 2413 (1969) (hereinafter Outer Space
Treaty).

2
TENTATIVE TABLE OF CONTENT
• ABSTRACT
• INTRODUCTION
• LAW GOVERNING OUTER SPACE
• LAW GOVERNING PATENTS
• THE DISPUTE
• THE JURISDICTION IN VIRTUE OF INFRINGEMENT OF PATENTS
• THE PATENT LAW OF THE UNITED STATES IN THE OUTER SPACE
• ISA MODEL
• CO-OPERATION BY THE INTERNATIONAL BODIES
• INTERNATIONAL BODY OR AN AGREEMENT FOR THE ADMINISTERING PATENT RIGHTS IN
OUTER SPACE
• INDIAN CONTEXT
• CONCLUSION

BIBLIOGRAPHY
• Small Satellites - Regulatory Challenges And Changes (Irmgard Marboe ed., 2016).
• Ram Jakhu, Legal Issues of Satellite Telecommunications, the Geostationary Orbit, and
Space Debris, 5 ASTROPOLITICS 173, 175 (2007).
• Marco Villa, Builders of Satellites Large and Small Must Work Together to Benefit
Science, SPACE NEWS MAG., https://www.spacenewsmag.
com/commentary/builders-of-satellites-large-and-small%E2%80%A8-must-
worktogether-to-benefit-science.
• Technology Quarterly: A Sudden Light, ECONOMIST,
http://www.economist.com/technology-quarterly.