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Patent Law And The Cosmos: Analysing The Legal Implications In Outer Space


 


Angela Singh, LLM (Intellectual Property), Amity Law School, Noida,


ABSTRACT


Expansion of patent jurisprudence can be credited to the fast-paced technological driven economies, innovation and evolution in scientific research which is the driving force of development in the 21st century. With such advancements, the question of patent protection is extended to borders beyond earth – and into outer space.


Space law, as a specialized branch of international law, examines outer space as a ‘common heritage of mankind’, including several doctrines that promote equal rights to all, as opposed to the exclusive rights granted under patent law. This distinction between space law and patent law’s approach contributes to a multitude of issues related to uncertainty in jurisdiction, territorial limitations, ambiguity in enforcement mechanisms and ownership rights in technology sharing. Moreover, the contemporary space operations notably space mining and the emergence of private sector in this arena proves the complexity of their intersection.


This research paper aims to bridge the gap in these two disciplines by thoroughly analysing the legal framework governing patents in outer space. It calls for action to adopt for a development in international cooperation through agreements or specific legislation and proposes possible solutions.



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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