Beyond Earth, Beyond Borders: Intellectual Property in Space

Every August, the Perseid meteor shower provides one of the most spectacular celestials displays visible from Earth.  The Perseids occur when the Earth passes through debris left behind by Comet Swift–Tuttle, causing tiny particles to burn brightly as they enter our atmosphere.  While the meteor shower is a natural phenomenon which cannot be owned by anyone, it raises an interesting question about ownership and legal rights which extend beyond our planet.

Intellectual Property (IP) includes patents, trade marks, copyright, and other legal rights that protect innovation, brands, and creative works.  Patents protect new inventions and improvements, trade marks are those signs which distinguish brands e.g., names and logos, and copyright safeguards original literary, artistic, musical, and digital creations.

As human activity expands into space, the protection of IP becomes increasingly important.  Discoveries and natural phenomena cannot be the subject of patents, however, inventions used to study meteors, spacecraft technologies, satellite systems, software, scientific publications, photographs, and artistic representations can all receive IP protection under relevant national laws and through treaties.

The exploration of space has sparked a hotbed of creativity with new technologies and innovation resulting, but is IP protected in space?

This is a complex question.  The Outer Space Treaty of 1967 established that outer space is not subject to national ownership by any country.  The research of this Treaty brought me down a rabbit hole since I have not studied it before, and it is fascinating.  Not so much the treaty itself, but the wonder that we humans have about the universe we live in that extends way beyond the earth.  The treaty does not mention IP Rights per se but guidance by the World Intellectual Property Office (WIPO) states that “In the absence of explicit international rules, under several international agreements concluded with respect to international space projects, registered space objects are treated as quasi-territory for the purposes of Intellectual Property”.

Therefore, even in the depths of space, IP rights apply to inventions and creative works used there.  For example, inventions made aboard the International Space Station are generally governed by agreements that allocate jurisdiction according to the module in which the invention was created.  In space, patents, trade marks, and copyright, continue to operate through national and territorial legal systems.

As commercial space exploration grows, (including private satellites, lunar missions, and future settlements), governments and international organisations are examining how existing IP laws can adapt to activities beyond Earth.  Protecting innovation while encouraging international cooperation will be essential as humanity’s presence in space continues to expand.

Organisations are also looking at ways space technology made for space exploration can be used or adapted for more terrestrial uses.  For example, in Ireland the ESA Space Solutions Ireland, which was established in 2016 and supports European start-ups and SMEs in developing businesses using space technology and data, aims to empower entrepreneurs in Ireland and the rest of the EU to leverage space applications for everyday life improvements.  What an interesting place to work!

The Perseids remind us that, while the wonders of the universe belong to everyone, the technologies and creative works that allow us to explore and understand them can still be protected through IP law, even when those innovations reach beyond our atmosphere.

Make sure to look out for the Perseids this August, I know I will be.