Book Review: The Protection of Intellectual Property Rights in Outer Space Activities
As I am sure readers can relate, being an IP enthusiast often means it’s difficult to watch, read, or listen to anything without considering the intellectual property angle. One of my favourite films so far this year was Hidden Figures [a drama about African American female mathematicians who worked at the National Aeronautics and Space Administration (NASA) during the Space Race]. This film was no exception to my IP considerations, and as I watched I pondered on the IP implications for space technology. Or the activities in space - is space a jurisdiction?!Much to my delight, I was asked to review ‘The Protection of Intellectual Property Rights in Outer Space Activities’ by Tosaporn Leepuengtham, where I could find some answers.
This book is eye opening as to the development of outer space technologies. Within the first few pages, I was sure I’d been transported to the future, but as it turns out, space activities are extremely advanced! At the same time, the book highlights that space activities permeate our everyday [particularly IP] lives. For example, satellite broadcasting and telecommunications services require the operation of a satellite that is likely to be privatised, which involves patents, copyright, trade secrets…
Herein lies the crux of the debate in the book: the conflict between IP as private exclusive rights, and the fundamental principles of space law which are based on common heritage. Leepuengtham argues there is a tension between outer space law and intellectual property law, as the principle of space law aims to secure benefits for all mankind - whereas IP protects private property. Space development is useful and expensive and IP can facilitate remuneration for creators to encourage investment. However, the author questions, does the commercialisation of space activities hinder the development of their technologies? If it does, should rights holders of works and inventions created for, or in, outer space be made to relinquish their rights for the better of the common heritage of mankind?
To address these questions the book is set out in the following way. The first chapter addresses international space law and its implication to outer space activities. The second chapter considers international intellectual property rights instruments and their implications for outer space activities. The third chapter looks at patents in outer space, the fourth is the application of copyright law to outer space activities and finally private international law – much to my delight the final chapter of the book is dedicated to jurisdiction.
Although I respectfully disagree with Leepuengtham’s view of IP, because I believe that the protection of intellectual property generally encourages creativity and the production of culture to the benefit of society, the book provides much food for thought. The contrast between IP and the principles of space law are evident, as space law emphasises freedom of use and access, non-appropriation, and the common or shared ownership among states. Therefore, the privatisation of space activities through intellectual property conflicts with space treaty activities. Furthermore, the application of IP to space activities is not without its challenges. In particular, Leepuengtham highlights issues such as qualifying criteria, territoriality and applicable law. The books makes some insightful suggestions as to the future of IP in outer space in overcoming these challenges.
This book is a fascinating read for anyone interested in IP law, outer space law and private international law. Readers can view a downloadable chapter of the book online here!
Leepuengtham, Tosaporn. The Protection of Intellectual Property Rights in Outer Space Activities, Cheltenham: Edward Elgar, 2017. ISBN: 978 1 78536 961 2. Hardback, 249 pages. Price: £80.00 or £72.00 online available here.
