Protecting the Intellectual Property Rights of Private Entities in Outer Space

Activities in outer space had grown exponentially in the last few years, due to increased participation of private entities in outer space activities. At the centre of renewed interests and investments in space was the issue of intellectual property (IP) rights for the private sector. Companies required the stability presented by defined intellectual property laws in order to attract investors, but it appears that the international laws on space expressly excludes IP rights. This study examined the dynamics of juxtaposing intellectual property rights which was individualistic and nationalistic, with rights in outer space that was communal in nature that led some jurists to conclude that there was no protection for IP rights in outer space. The study employed doctrinal method of research with emphasis on international laws on I.P. The study found out that while the space treaties were made at the time that IP rights were not envisaged, some of the provisions of the law have direct implications for protecting private rights in outer space including patents protections, trade secrets and innovations. The study discovered that international instruments failed to define patentable subject matter, but national laws were being employed by private entities to fill the lacunae. The study recommended that private agreements between parties to space exploitation may be drawn up in ensuring that IP rights are settled and well detailed in the memorandum of understanding between the parties. The study concluded that a stable legal framework for outer space is needed that will be able to accommodate all the conflicting interests in outer space.