INTELLECTUAL PROPERTY RIGHTS IN COMMERCIAL OUTER SPACE: LEGAL FRAMEWORKS, JURISDICTIONAL CHALLENGES, AND THE PATH TO REFORM
AUTHOR – MEGHA AGARWAL, STUDENT AT NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES, BENGALURU
BEST CITATION – MEGHA AGARWAL, INTELLECTUAL PROPERTY RIGHTS IN COMMERCIAL OUTER SPACE: LEGAL FRAMEWORKS, JURISDICTIONAL CHALLENGES, AND THE PATH TO REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 825-841, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I986
Abstract
With commercialization of outer space, a series of legal problems that cannot be solved by traditional legal instruments arose. With new private corporations, like SpaceX, Blue Origin, OneWeb, and many others taking up the jobs of national space agencies, issues of protection of IP rights become very relevant. This is because private corporations spend a large amount of money on development of new technologies which make them more efficient at reaching their goal, delivering payload into orbit. However, with the absence of a clear solution to the problem of protecting those rights, it remains unclear how private corporations can be compensated for their investment.
The purpose of this paper is to analyze the current situation in terms of protecting IP rights in outer space. In other words, this paper will examine the current legal regime and will look into the history of development of such regulation. This paper will pay special attention to the works of key institutions and organizations in the field of space law as well as existing case law in the field. This paper will also use as evidence provisions of international agreements (e.g. 1967 Outer Space Treaty) and relevant national laws (35 U.S.C. § 105).
As can be concluded after careful examination of relevant materials, the existing legal regime was developed for a completely different period of time. The assumptions that states would act in outer space, that scope of space activities would be limited, that it would be possible to establish jurisdictions and solve questions of ownership via interstate diplomatic relations are all false today. Unless the above assumptions are revised, there will be no way to adequately protect intellectual property rights in outer space.
KEYWORDS: Intellectual Property (IP) Rights, Outer Space Treaty (1967), Space Law, Moon Agreement, Paris Convention