AN EXPOSITION OF THE CONCEPT OF INTELLECTUAL PROPERTY PROTECTION IN OUTER SPACE

Abstract

The relevance and importance of having in place the requisite legal framework for the protection of intellectual property rights for outer space activities cannot be over emphasized. This research examined the interplay between intellectual property and space activities and found that though there is no questioning the fact that intellectual property is essential for exploring space and further contributing to research and development, however, certain conflicts and ambiguities between the two persist. For one, the enforcement of any intellectual property may be in conflict with the principle of free and fair access to knowledge, information and resources derived from space activities and assured by the space treaties and may cause hindrance to the same. Furthermore, the issue of the homogeneity of international law and the territoriality of Intellectual property laws is a challenge. The research adopted descriptive, analytical and comparative methods and relied on data from primary and secondary sources. The primary sources consisted of the United Nations Space Law Treaties, IP Statutes, regional and international legal instruments. The secondary sources include textbooks, journals articles, internet materials, newspapers and magazine. The research delved into the necessity of finding ways around the ‘IPR for Space activities’ challenge and the need to have in place a legal framework for IPR protection in outer space. This research concludes by recommending amongst others the establishment of a uniform legislative regime governing IP laws in space so that even the developing countries can benefit from their creations rather than being overshadowed by the developed ones. Another approach recommended is the widening of national and international IP laws to cover protection in space.