Space Intellectual Property Rights in Cosmic Operations: Demanding Clarity for Their Advancement and the Indian Space Activities Bill

The World Intellectual Property Organization (WIPO) is considering the possibility of introducing laws for the international protection of non-original databases, which do not qualify for copyright law protection. These databases, often referred to as 'sweat of the brow' databases, are based on a certain level of effort or investment but lack clear criteria for determining intellectual property rights eligibility.

Meanwhile, in India, the Indian Government's Department of Space introduced the Draft Space Activity Bill in November 2017, aiming to encourage the growth of private commercial space activities. The bill, presented by the Indian Space Research Organisation (ISRO), has been open for comments by stakeholders. However, scholars and private entities have raised concerns about the bill's current state, stating that it lacks essential details, has tedious provisions unfriendly to business interests, and contains several constraints.

One of the primary concerns is the bill's lack of provisions for intellectual property rights. For inventions made in outer space, the inventor does not get any IP rights protection under the Draft Space Activity Bill; the Central Government retains sole rights. This lack of economic incentives could deter private firms from entering the commercial space activities sector in India.

The high development costs of space technology and comparatively low profit margins are also primary concerns among private entities. The bill needs improvement to meet its intended objective of promoting space activities in India, particularly by enhancing clarity and precision in its drafting.

The Draft Space Activity Bill also faces criticism for its overly regulatory approach, lack of accountability and transparency, absence of a provision for judicial review, and unclear provisions on liabilities for private enterprises. If the bill does not provide economic stability or if organizations face high compliance costs, the expansion of India's space commerce with private participation will be difficult.

On a global scale, the Outer Space Treaty of 1967 states that outer space and celestial bodies are the province of all mankind and shall not be subject to national appropriation. The treaty makes a distinction between "outer space as such" and "an object launched into outer space", and Article 8 of the treaty states that the nation on whose registry such an object is carried has the right to retain jurisdiction and control over it.

The United Nations General Assembly's Convention on Registration of Objects Launched into Outer Space requires launching nations to register space objects and maintain an appropriate registry, informing the United Nations Secretary-General of the creation of such a registry. The Convention also encourages international cooperation in the exploration and use of outer space for the benefit and in the interest of all states, taking into particular account the needs of developing countries.

The World Commission on the Ethics of Scientific Knowledge and Technology (COMEST) has drafted an international instrument covering the ethical aspects of outer space activities, considering recommendations such as providing free access to data for scientific progress and facilitating developing countries' access to outer space scientific data.

India, being a signing member of the Outer Space Treaty, is under obligation to take responsibility for all national space activities. However, the question of extending national/regional law IP laws to objects that have been launched into space, as well as the distinction between activities in outer space and ventures undertaken for such pursuits within nations, remains a topic of discussion among scholars.

These factors create a huge disinterest for private firms to enter the commercial space activities sector in India. As such, Indian authorities can consider taking cues from the commerce-oriented domestic space laws of nations already established in the field of outer space activities to reform cumbersome regulatory procedures and reduce excessive government interference in the activities of private enterprises.

Space Intellectual Property Rights in Cosmic Operations: Demanding Clarity for Their Advancement and the Indian Space Activities Bill