HMCS Max Bernays Pre-Deployment Brief (May 2024).pptx
Patents in outer space
1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PATENTS IN OUTER SPACE
P.ILANANGAI
IP CONSULTANT
PATENT DEPARTMENT
2. INTRODUCTION
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Patents in Outer Space?
• Patents are, by their nature, territorial rights, so whose
territory is space?
• Outer space, or simply space, is the void that exists between
celestial bodies, including the Earth.
• Space exploration began in October 1957 when Russia
launched its unmanned satellite Sputnik-I into Outer Space
followed by United States its unmanned satellite Explorer I
in 1958. Later Russia followed by United States launched
manned satellites.
•
contd...
3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Space law is a part of International Law which
applies to the Outer Space Region. The term “Outer
Space Region” means 100 kilometres upward beyond
the surface of earth.
• Initially, Space activities were mainly public
activities or governmental activities.
• In modern days, the exploration and use of the Outer
Space extended to private and commercial
enterprises.
4. OUTER SPACE TREATY
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
• The Outer Space Treaty is a treaty that forms the basis of
international space law. The treaty was opened for signature in
the United States, the United Kingdom, and the Soviet Union
on 27 January 1967, and entered into force on 10 October 1967.
As of May 2013, 102 countries are states parties to the treaty.
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
•
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Article VI of the 1967 Outer Space Treaty provides that States shall be
responsible internationally for national activities in Outer Space
carried out by Governmental agencies or by non-governmental
agencies and that also state shall authorize the activities of nongovernmental in Outer Space. These activities include remote sensing
from space, direct broadcasting, and launch and space vehicle services,
manufacturing in space and microgravity research, among others.
5. SOVEREIGNTY IN OUTER SPACE
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• The United Nation made an ad-hoc committee for
Peaceful uses of Outer Space (COPUOS), and passed
a resolution on 20 December 1961 as
• (a) International law, including the charter of the
United Nations, applies to Outer Space and celestial
bodies,
• (b) Outer Space and celestial bodies are free for
exploration and use by all States in conformity with
international law and are not subject to national
appropriation.
6. IMPORTANCE OF IPR IN SPACE REGIME
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
•
In recent years Intellectual property protection in connection with
Outer Space activities has raised wider attention.
•
The reason is that:
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
– The space activities are increasingly now shifting from state
owned activities to private and commercial activities.
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
– Globalization of space activities.
– New business possibilities are emerging.
•
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
IPR protection intends to stimulate the creativity of the human
mind for the benefit of the public in such a way that the creator
and the investor will be encouraged to be more active in space
research and exploration.
7. INTERNATIONAL SPACE STATION [ISS]
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• The ISS is essentially a laboratory in Earth’s lower orbit
which allows scientists to perform research in
microgravity that cannot be done as well, if at all, on the
Earth’s surface.
• An invention created by an enterprising astronaut on ISS
will be patented in the nation that has jurisdiction over
the module where work took place, not the nation of the
inventor.
8. APPLICATION OF NATIONAL/REGIONAL
INTELLECTUAL PROPERTY LAW IN OUTER SPACE
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• As regards inventions made and/or used in outer space,
one of the issues frequently raised is the applicability of
national/regional patent law in outer space.
• As far as an object launched into Outer Space is
concerned, in accordance with Article VIII of the Outer
Space Treaty, the State on whose registry such an object is
carried shall retain jurisdiction and control over that object,
and over any personnel thereof.
• According to Registration Convention, a “launching
State”, should register the space object with an appropriate
registry.
•
contd..
9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• In order to protect the exclusive rights of inventors,
intergovernmental agreement on the International
Space Station was signed on 29 September 1988 by
the United States of America, Japan, Canada, and ten
other member states.
• Article 21 of the intergovernmental agreement
provides that each partner will have jurisdiction over
its own registered element, in regards to the basic
principle of both the Outer Space Treaty and the
Registration Convention.
10. THE ASTRONAUT INVENTOR’S BEST FRIEND,
35 USC §105
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• In 1990, the US legislature passed an Act to amend Title 35 of
the United States Code with respect to the use of inventions in
Outer Space. It states that “any invention made, used or sold in
outer space on a space object or component thereof under the
jurisdiction or control of the United States shall be considered
to be made, used or sold within the United States”
• Space travel has become a much more international affair, with
new players on the scene such as the European Space Agency,
the Chinese National Space Administration and the Indian
Space Research Organisation, the latter having very recently
launched a spacecraft to Mars.
11. PATENTS IN CONNECTION
WITH OUTER SPACE
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
12. SPACE LEGISLATION IN INDIA
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• India, like many others countries, has not
enacted any space legislation.
• India is a party to all international space
treaties, which form the main body of
international space law. India has also played
a significant role to adopt legal principles by
the U.N General Assembly Resolutions,
which provide for the application of
international law and promotion of
international cooperation and understanding
in space activities.
13. CONCLUSION
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Space, provides sufficient opportunities for
many joint venture programmes for various
innovative applications towards the cause of
humankind.
• A harmonized system of IPR regime for the
outer space.
• The harmonized system should take into
account the interests of developing countries
and promote moral and ethical usage of the
Outer Space for the benefit of the entire
humanity.
14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THANK YOU