COMMERCIALIZATION OF OUTER SPACE AND IPR
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Abstract
Intellectual property rights can be generalized as the rights of the creator, which protects and safeguards him from any misuse of his creation, it is usually recognized as the subject of national legislations. In the last few decades, the exploration of sate related activities have become significant and requires legal regulations and monitoring from the international community.
Even though at the first sight these two areas of law seem to fall in separate domain but the growing commercialization and advancement in space technology has given rise to the conflict between the fundamental ideologies of these sectors as one relies on the principle of “private ownership/monopoly rights” whereas the other propagates the theory of “common heritage”.
One of the grounds for the harmonization of these two sectors comes from the fact that there is an increasing shift from state owned activities to private and commercial activities, as these non-governmental actors are more aware about their “property rights”. Another base for harmonization of these two sectors is the increased development of the sophisticated technology using outer space exploration which requires protection of IP which are only protected in the territory of their country and not in outer space.
This paper attempts to critically analyze the legal provisions, treaties, policies,, rules pertaining to IPR issues in outer space activities arising out of the constant growing commercialization of it.
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Copyright © 2026 by Rakshita Saxena, Devangana Shah, Shreya Rai
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