Browsing by Subject "Space Law"

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    An Introduction to the Regulation of Outer Space Environmental Pollution
    (University of North Bengal, 2024-03) Poddar, Arup; Bandyopadhyay, Rathin
    The development of outer space through exploration and exploitation has grown rapidly since the launch of Sputnik-I in 1957, bringing economic benefits and scientific progress. However, the space debris accumulation has created grave environmental challenges. Some 10 million kilograms of space debris, made up of fragments larger than 1 millimeter, challenge the sustainability of space activities. These debris particles can have high velocities and, therefore, they can pose threats to spacecraft, satellites, and even to the safety of astronauts. Despite enormous technological advances, the existing international agreements do not provide adequate definitions and proper mechanisms of functioning for the management of space debris. The existing legal frameworks, including the Outer Space Treaty and the Liability Convention, have not been designed to deal properly with the complexities involved in regulating and accounting for space debris. International cooperation and advanced legislation are necessary in order to mitigate the increase of space debris and make a sustainable use of outer space. It is in this regard that coordination in the use of technology and clarity in legal responsibilities become indispensable elements to protect space exploration in the future from a growing environmental threat—that is, space debris.
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    Patent Protection for Inventions in Outer Space: Issues and Challenges
    (University of North Bengal, 2024) Arundhati
    The increasing commercialization of space activities has highlighted the need for a robust legal framework to protect intellectual property (IP) in outer space. Currently, national and regional patent laws apply only within their respective jurisdictions, leading to challenges in enforcing patent rights beyond Earth. The existing international space law framework, which resembles maritime law, allows private entities to circumvent patent regulations by registering in jurisdictions with favorable IP policies, contributing to the "flags of convenience" problem. This regulatory competition threatens global patent protection, potentially discouraging innovation in space technologies. India, despite being a signatory to major international space treaties, lacks a dedicated national space law to regulate IP rights in space-related activities. The growing involvement of private enterprises in India’s space sector further necessitates comprehensive legislation to address patent protection, interdepartmental coordination, and commercialization of space innovations. This article examines the challenges of enforcing patent protection in outer space, the inadequacies of the current international legal framework, and the implications of regulatory competition among states. It explores the necessity for national space legislation in India and discusses global solutions, including the establishment of a universal patent jurisdiction or a "Space Patent" regime. The article also evaluates proposals by WIPO and other international organizations to create a unified system for patent protection in space, ensuring stronger IP rights and fostering innovation. Finally, it highlights the need for global cooperation to address the legal complexities of space-related inventions and support sustainable space exploration and commercialization.