The Interrelation Between Space Law and Intellectual Property Rights

- Anjali Saran

Space Law is a law dealing with all the activities taking place in outer space. Though in its nascent stage of development, this law deals with many issues regarding satellite debris liability, space exploration, and techniques required to achieve it. However, an essential factor which people are often unaware of is that Space Law is very intricately linked with Intellectual Property Rights (IPR). As per the Outer Space Agreements of 1967, outer space is a zone wherein all the countries have the right to explore, and no government can declare any part of outer space as their own national territory, but the issue of IPR was not considered here. Neither was it thought about during the Paris Convention for IPR in 1833 nor the TRIPS Agreement.

Nonetheless, the recent dispute between Blue Origin and SpaceX has sparked a debate on whether IPR indeed can be considered in Space Law. Not long ago, SpaceX mastered the way of landing through its Falcon 9 Rocket. Now, it is being argued by the company that Blue Origin has used the exact same way of landing that SpaceX has patented. Similarly, there has been stiff competition between both these companies for acquiring NASA’s contract to build a lander for American astronauts to return to the moon. Now, here again, it is impossible for companies not to register their designs under appropriate statutes. Any lacunae here can lead to companies losing the $2.9 billion contract (that has been won by SpaceX). Therefore, it is of utmost importance that people realise the use of IPR in Space Law and work towards making its presence concrete.