Houston,we have a problem...with patents - A legal analysis of the territorial scope of patents in space
(2024) HARN63 20241Department of Business Law
- Abstract
- In this thesis, the territorial scope of patent law in space is analyzed. The purpose and the research questions are: Do patents apply in space, and can an
inventor be protected against unauthorized use of a patented invention made
in space? Patents are a national territorial exclusive right that is not applicable
in space because there is no jurisdiction. The “Big Five” space treaties were
established in the 1960’s and still apply today. According to the res communis
principle, it is not possible to own something in space because space belongs
to all mankind. Other interests in space that are prioritized are national
security and sovereignty and public interest. There are good reasons for
solving the patent problem in... (More) - In this thesis, the territorial scope of patent law in space is analyzed. The purpose and the research questions are: Do patents apply in space, and can an
inventor be protected against unauthorized use of a patented invention made
in space? Patents are a national territorial exclusive right that is not applicable
in space because there is no jurisdiction. The “Big Five” space treaties were
established in the 1960’s and still apply today. According to the res communis
principle, it is not possible to own something in space because space belongs
to all mankind. Other interests in space that are prioritized are national
security and sovereignty and public interest. There are good reasons for
solving the patent problem in space, because the commercialization in space
is increasing and there are huge investments in R&D’s which end up in new
great inventions that can benefit the public. The US is the only state with an
adapted patent law for space, but it is only applicable if the space object is
registered and launched in the US, and it does not protect against third-party
infringement. The absence of an international legislation for patents in space
makes the issue more difficult. It requires new solutions at national,
European, and international levels. Forums such as the WTO, WIPO, and UN
have the potential to address the question. However, there have been many
political deadlocks that will delay the negotiations. An international
agreement may be necessary for all states to join, preventing patent
infringement and promoting economic, national, and public interests. A
transparency and a drive to invent would have been beneficial, as there are
many advantages to the extending patent protection to space. Earth is
calling….for patents! (Less) - Popular Abstract
- In this thesis, the territorial scope of patent law in space is analyzed. The purpose and the research questions are: Do patents apply in space, and can an
inventor be protected against unauthorized use of a patented invention made
in space? Patents are a national territorial exclusive right that is not applicable
in space because there is no jurisdiction. The “Big Five” space treaties were
established in the 1960’s and still apply today. According to the res communis
principle, it is not possible to own something in space because space belongs
to all mankind. Other interests in space that are prioritized are national
security and sovereignty and public interest. There are good reasons for
solving the patent problem in... (More) - In this thesis, the territorial scope of patent law in space is analyzed. The purpose and the research questions are: Do patents apply in space, and can an
inventor be protected against unauthorized use of a patented invention made
in space? Patents are a national territorial exclusive right that is not applicable
in space because there is no jurisdiction. The “Big Five” space treaties were
established in the 1960’s and still apply today. According to the res communis
principle, it is not possible to own something in space because space belongs
to all mankind. Other interests in space that are prioritized are national
security and sovereignty and public interest. There are good reasons for
solving the patent problem in space, because the commercialization in space
is increasing and there are huge investments in R&D’s which end up in new
great inventions that can benefit the public. The US is the only state with an
adapted patent law for space, but it is only applicable if the space object is
registered and launched in the US, and it does not protect against third-party
infringement. The absence of an international legislation for patents in space
makes the issue more difficult. It requires new solutions at national,
European, and international levels. Forums such as the WTO, WIPO, and UN
have the potential to address the question. However, there have been many
political deadlocks that will delay the negotiations. An international
agreement may be necessary for all states to join, preventing patent
infringement and promoting economic, national, and public interests. A
transparency and a drive to invent would have been beneficial, as there are
many advantages to the extending patent protection to space. Earth is
calling….for patents! (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9158627
- author
- Talja Peric, Emely LU
- supervisor
- organization
- course
- HARN63 20241
- year
- 2024
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- Patents, Space Law, Innovation, Res communis, Outer Space Treaty, Patent Infringement, Territoriality
- language
- English
- id
- 9158627
- date added to LUP
- 2024-06-11 09:40:28
- date last changed
- 2024-06-11 09:40:28
@misc{9158627, abstract = {{In this thesis, the territorial scope of patent law in space is analyzed. The purpose and the research questions are: Do patents apply in space, and can an inventor be protected against unauthorized use of a patented invention made in space? Patents are a national territorial exclusive right that is not applicable in space because there is no jurisdiction. The “Big Five” space treaties were established in the 1960’s and still apply today. According to the res communis principle, it is not possible to own something in space because space belongs to all mankind. Other interests in space that are prioritized are national security and sovereignty and public interest. There are good reasons for solving the patent problem in space, because the commercialization in space is increasing and there are huge investments in R&D’s which end up in new great inventions that can benefit the public. The US is the only state with an adapted patent law for space, but it is only applicable if the space object is registered and launched in the US, and it does not protect against third-party infringement. The absence of an international legislation for patents in space makes the issue more difficult. It requires new solutions at national, European, and international levels. Forums such as the WTO, WIPO, and UN have the potential to address the question. However, there have been many political deadlocks that will delay the negotiations. An international agreement may be necessary for all states to join, preventing patent infringement and promoting economic, national, and public interests. A transparency and a drive to invent would have been beneficial, as there are many advantages to the extending patent protection to space. Earth is calling….for patents!}}, author = {{Talja Peric, Emely}}, language = {{eng}}, note = {{Student Paper}}, title = {{Houston,we have a problem...with patents - A legal analysis of the territorial scope of patents in space}}, year = {{2024}}, }