Space Intellectual Property Rights Clarification Needed for Space Activity Expansion and India's Draft Space Activities Bill
The Indian Government's Department of Space introduced the Draft Space Activity Bill in November 2017, aiming to encourage the growth of private commercial space activities. However, the Bill has faced criticism and questions regarding its effectiveness and adherence to international laws.
One of the main concerns is the Bill's lack of a comprehensive legal framework for implementing international treaties. This is particularly relevant in light of the Outer Space Treaty of 1967, which states that outer space and celestial bodies are the province of all mankind and should not be subject to national appropriation.
The Bill also lacks clear provisions on intellectual property rights (IPR). While no countries have enacted specific national laws exclusively addressing IPR in relation to activities in outer space, existing IPR laws generally apply territorially and require adaptation to space activities. However, the Draft Space Activity Bill in India does not offer IPR rights protection for inventions made in outer space, with the rights solely belonging to the Central Government.
Scholars are questioning the extension of national/regional IPR laws to objects that have been launched into space. There is a debate about whether there should be a distinction between activities in outer space and ventures undertaken for such pursuits within nations. Currently, international space law principles, such as those in the Outer Space Treaty, govern these matters, emphasizing non-appropriation of space and that activities remain under jurisdiction of the launching state.
The Outer Space Treaty makes a distinction between "outer space as such" and "an object launched into outer space". Article 8 of the Outer Space Treaty states that the nation on whose registry such an object is carried, has the right to retain jurisdiction and control over it as well as any involved personnel.
The Draft Space Activity Bill in India does not provide clearly worded clauses on the liabilities which private enterprises may face while conducting commercial space activities. This creates a huge disinterest for private firms when it comes to entering the commercial space activities sector in India.
The participation of private sector enterprises is rapidly increasing in space exploration activities, but the principles of international cooperation and collective development are still valid. The Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries, 1996, states that outer space belongs to all mankind and should be used for the benefit and interests of all countries, regardless of their level of development.
The World Commission on the Ethics of Scientific Knowledge and Technology (COMEST), an advisory board set up by UNESCO, has decided to draft an international instrument covering the ethical aspects of outer space activities. This initiative underscores the need for a global approach to space law and ethics, particularly in the context of increasing private sector involvement in space exploration.
Certain databases are not creative but are based on a certain level of effort or investment. As of now, there are no specific criteria to determine the IPR eligibility of such databases. This is another area where improvement is needed in the Draft Space Activity Bill.
Improvement in the Draft Space Activity Bill is needed for meeting its intended objective of promoting space activities in India, including enhancing clarity and precision while drafting the Bill. The Bill should strive to strike a balance between encouraging private sector involvement and adhering to international space law principles.
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