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Author: Tosaporn Leepuengtham
Publisher: Edward Elgar Publishing
ISBN: 1785369628
Category : Intellectual property
Languages : en
Pages : 257
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Book Description
This book considers the intellectual property issues which are raised by space activities. While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming ever-more integrated in our daily lives. Despite this, there is often little understanding of the importance of space technologies, how existing legal rules may apply in terms of protecting the technology, or whether legal protection, such as copyright, may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space.
Author: Tosaporn Leepuengtham
Publisher: Edward Elgar Publishing
ISBN: 1785369628
Category : Intellectual property
Languages : en
Pages : 257
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Book Description
This book considers the intellectual property issues which are raised by space activities. While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming ever-more integrated in our daily lives. Despite this, there is often little understanding of the importance of space technologies, how existing legal rules may apply in terms of protecting the technology, or whether legal protection, such as copyright, may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space.
Author: Prithvi Raaj Choudhury
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
"The regulatory environment for outer space activities is slowly changing from space monopoly to space commercialization. This requires a proper intellectual property rights legal regime. Despite this, intellectual property rights treaties have not explicitly considered the issue of intellectual property protection in outer space in their provisions, and in the provisions of the five outer space treaties, none explicitly address intellectual property rights issues. This has substantially discouraged states and private entities from engaging in space activities. The objective of this thesis is to provide a regulatory approach that would allow the application of intellectual property rights to outer space activities in a pragmatic, enforceable and feasible manner. It is argued that establishing a new intellectual property rights legal regime specifically for outer space is unlikely to succeed as this approach would possibly lack a solid theoretical foundation. Nevertheless, the provision of Article VIII in the Outer Space Treaty can be legitimately employed as a means of deviation from the above notion, to indirectly permit the protection of intellectual property rights in space under the existing international legal framework. Such an approach is considered to be an alternative regulatory approach which is not only more pragmatic, enforceable and feasible, but can properly address the current and near-term needs of space development. This thesis also investigates the unique legal features of patent protection in outer space which requires specific legal analysis in the context of space commercialization"--
Author: Mosteshar
Publisher: Martinus Nijhoff Publishers
ISBN: 9004640215
Category : Law
Languages : en
Pages : 380
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Book Description
Outer space affords a unique physical environment in which to conduct experiments. The most widely appreciated characteristic of the space environment is that of microgravity. Outer space also provides a sterile setting not easily or inexpensively achievable on Earth. The electromagnetic and radiation levels too differ significantly from those on Earth. These and other natural attributes of outer space make it a potentially attractive environment for the conduct of experiments, which will lead to inventions in a wide range of high technology fields. This unique environment is increasingly accessible to experimenters and inventors at costs which are commercially attractive. The Mir Space Station as well as NASA Shuttle Flights already provide opportunities for experiments to be conducted in outer space. When the Multi-National Space Station is established there will be even greater numbers of experiments and research projects conducted there. Outer space also presents a unique legal environment for these activities. Recognizing this, and the uncertainty surrounding a number of central legal issues which will result from such activity, this book sheds light on the incidental legal questions that arise. Based on the papers presented at a conference on the topic in Paris, the book examines patentability and intellectual property infringement, as well as contractual issues and related topics. Also included are papers on the liabilities that arise out of activities in outer space, the relevant jurisdictional considerations, and the growing commercialization of space activities in the United States and in Europe.
Author: Leo Balverde Malagar
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Outer space ... shall be the province of all mankind. The historic launch by the then Union of Soviet Socialist Republics (“USSR”) of Sputnik I on October 4, 1957 signaled the beginning of the space race. The following years witnessed such seminal events as the placing of men in orbit and eventually on the Moon, the landing of vehicles on various celestial bodies, the launch of telecommunications satellites and space stations, the placing of space stations into orbit, and the development of space-based technologies such as remote viewing. It is estimated that since 1957, approximately 14,000 objects have been sent into outer space. Five thousand of these are still in orbit, the rest having been recovered or burned up in the atmosphere. Given the rapid expansion of operations in space, much international effort, both multilateral and bilateral, has been made for the guidance and regulation of activities in outer space. During the initial stages of space exploration, the UN played a dominant role in the regulation of these activities. However, these efforts are no longer adequate to deal with present issues relating to the use of outer space, largely for their failure to keep abreast with the rapid technological advances. These technological advances raise issues affecting the rights of states and the rights of individuals. One key issue is the protection of intellectual creations and inventions in outer space. The present article gives a brief background on the relatively new international legal regime of outer space and evaluates relevant international legal instruments in the specific context of protecting intellectual property rights. Part I of the article is an introduction to the topic. Part II of the article defines the jurisdictional boundaries of outer space by presenting the issue of delimitation. Part III of the article gives a comprehensive overview of the legal and policy regime of outer space by discussing the historical evolution of international space law, the present law-making process, the sources of international space law, and the fundamental principles of outer space law. Part IV of the article discusses basic concepts of intellectual property rights and its application to outer space activities. Part V of the article serves as a conclusion.
Author: Islam Baharul
Publisher: LAP Lambert Academic Publishing
ISBN: 9783659741401
Category :
Languages : en
Pages : 244
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Book Description
It's become more challenging to protect Intellectual Property Rights generated in space activities as it is governed by various international laws, customary laws and treaties etc. It is very much important to formulate a mechanism for the protection of the Intellectual Property rights in outer space activities. Today, the World is facing great challenge for protection of unenhanced or unprocessed satellite image because copyright protection is not available to this either in the Berne Convention or Universal Copyright Convention because unprocessed Data are directly received from satellite and there is no human creativity involved in unprocessed data. Satellite images or remote sensing data are required for development of all nations, whether they are developing or developed. Since India is one of such nations who is entering into commercialization of space services such as remote sensing, satellite lunching, etc. India needs to have adequate legal coverage in these areas. India needs copyright protection to protect not only satellite image but also raw or unprocessed data. There is immediate need for a suitable legislation in this area.
Author: Yanal Abul Failat
Publisher:
ISBN: 9781911078197
Category : Space law
Languages : en
Pages : 390
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Book Description
The potential use of space for military purposes has, since the end of the Second World War, been intrinsically linked to the development of space technology and space flight. The political relevance of outer space continues to be recognised by nations, and in particular the strategic benefit of Earth observation from outer space remains an important national security tool. However, because of the dual-use potential of many space applications, the distinction between the military and non-military uses of space is becoming increasingly blurred. The consequent potential for conflict between nations in order to protect their space assets is alarmingly clear.The outer space arena has, however, evolved to increasingly include non-state entities, which are becoming more and more involved in outer space activities. These activities currently comprise the use of satellites for navigation purposes, the transportation of supplies to the International Space Station and the offering of tourist flights into outer space. Today in all space-faring countries, the space industry contributes to national GDP and supports the labour force. It also serves as a catalyst for technological advancement and productivity growth, and has become an integral part of the day-to-day lives of people all around the world.The involvement of private actors in outer space has, however, given rise to a number of legal issues, including questions pertaining to liability, insurance and property rights in space. The current outer space treaties are to a large degree outdated and unable to deal with legal issues arising out of the military and commercial use of outer space.Outer Space Law: Legal Policy and Practice is aimed at readers looking for a single title to understand the key issues relevant to the space sector, with an emphasis on the practical application of those issues. The book will be specifically relevant to legal practitioners, academics and state departments primarily working in the space arena, as well as to those in other related sectors such as IT and media, insurance and political science. Edited by Yanal Abul Failat, lawyer at the international law firm LXL LLP, and Professor Anél Ferreira-Snyman, a professor of law specialising in international space law at the University of South Africa, the book includes contributions by leading experts from space agencies, space venturers, lawyers, economists, insurers, academics and financiers.
Author: 陈志杰
Publisher:
ISBN:
Category : Intellectual property
Languages : en
Pages : 282
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Book Description
Author: United Nations
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 118
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Book Description
The International Space Law: United Nations Instruments as it represents the most comprehensive and up-to-date volume of instruments that have been developed, promoted and strengthened under the auspices of the United Nations. These instruments constitute the principal body of international space law and will continue to provide, further into the twenty-first century, an effective framework for the expanding and increasingly complex tasks aimed at the exploration and use of outer space for peaceful purposes. May they continue to support humankind's space activities throughout the years to come.
Author: AYUSH YADAV
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Intellectual properties are generally divided into two broad groups namely, “Industrial Property”, meant for functional commercial innovations and “Literary and Artistic Property”, meant for cultural creations. Beyond these, current technological developments necessitate the formation of certain SUI GENERIS systems also. While Patents, Industrial design, trademarks, Geographical indications and Trade Secrets fall in the Industrial Property category, on the other hand Copyright falls in the second category. Other IP protections like Plant Breeder's Rights, Integrated Circuits Layout Design Protections etc. are grouped under Sui Generis systems. Intellectual property is recognized internationally through a system of treaties and international organizations. The most important organization is the World Intellectual Property Organization (WIPO), a special agency of the United Nations. Founded in 1967, the Geneva-based organization administers most of the current international treaties concerning intellectual property issues.
Author: Ram S. Jakhu
Publisher: Springer Science & Business Media
ISBN: 9048190088
Category : Law
Languages : en
Pages : 511
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Book Description
The legal regime of outer space, as enshrined in the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (General Assembly Resolution 1962 (XVIII), adopted in 1963, and in the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, while prohibiting the appropriation of space by any means, envisages exploration for the bene?t and in the interest of all countries on a basis of equality and in accordance with international law. Freedom of scienti?c investigation is also contemplated. Elaborating on these instruments, the Assembly in 1996 adopted the Declaration on International Cooperation in the Exploration and Use of Outer Space (RES 51/122), in which it called for heightened international co-operation, with part- ular attention to be given to the bene?t for and the interests of developing countries and countries with nascent space programmes. Thus, it is self-evident that the outer space regime, including the 1972 Liability Convention, envisages the conduct of national activities “for the bene?t and in the interests of all countries, irrespective of their degree of economic or scienti?c dev- opment”. In this regard, Article 6 of the 1967 Treaty not only provides for national activities in outer space, but for international responsibility whether such activities are carried out by governmental agencies or non-governmental entities, and aims at ensuring that national activities are conducted in conformity with the Treaty.
