The Protection of the Intellectual Property Rights in Outer Space Activities
Today, it is accepted that outer space activities play an important role for the world community especially in the area of satellite telecommunication. Some people may not realize how these outer space activities have become a closer part of our daily lives. These activities include remote sensing from space, direct broadcasting satellite, space vehicle service, and manufacturing in space and microgravity research.
In the telecommunication market, the direct broadcasting satellite services and fixed satellite services play a critical part in this sector. With regard to remote sensing which has many applications such as agriculture, civil planning and mining are of huge beneficial to world community. The Geographical Information System (GIS) combined with different kinds of data are also of great interest for the industry. Since space activities require the application of sophisticated technology, thus resulting in a high operating cost and investment, the participation in space activities by private entrepreneurs is encouraged. Such private entity participation depends on the ability to generate return on investment. Whereas the Outer Space Treaty of 1967 enunciated the principles of freedom of exploration and use and non-appropriation of the outer space, the principle laid down in the intellectual property rights is the protection of private property, which is indeed the monopoly concept. The main characteristic of intellectual property law is the concept based on territoriality whereas the main principle of outer space is outside any sovereignty.
The intellectual property rights relate to the protection of intellectual creation of individuals. The creator will enjoy an exclusive rights under such limited time and certain conditions for the use and benefit of such creation. The principle for benefit of all mankind as stated in Article 1 of the Outer Space Treaty 1967 implied the sharing of information deriving from outer space activities. In fact, the states and private enterprises that own any inventions in outer space would be reluctant to share such technology and prevent others from accessing to such technology.
As the utilization of outer space activities need highly advance technology and substantial investment, it has long been argued that it was unfair for the one who put his effort and resources to exploit space activities to be unprotected and loose his control of the benefit of his output. This leads to the questions on how to balance the benefit of the public for the utilization of space activities with the interest of private entities for their intellectual property protection in space activities. Such questions also refer to the problems of applicable law and state jurisdiction.
Thus, it is obvious that both intellectual property rights on one side and space law on the other side rest on different approaches. Therefore, the main purpose of this research is to attempt to find a proper balance between these two regimes.
Research Supervisors
Professor Paul Torremans and Dr Estelle Derclaye.
Office of the Judiciary, Thailand
Academic Qualifications
Academic Qualification
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Awarding Institution
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LLM (Air and Space Law)
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Office of the Judiciary, Thailand
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Convention on the Air Carriers Liability, presented at a Seminar at Thammasat University, Bangkok, Thailand (Year1999)
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Thai Present Legal Measures in Combating with Corruption, individual presentation presented to United Nations Asis and Far East Institute (UNAFEI) , Tokyo, Japan (Oct. 2008)