IPR Issues in Space Activities- A Comparative Study of India, USA and Canada
The constant evolution of high technology and the ever-changing geopolitical situation underlines the need for the universal harmonization of industrial and intellectual property laws. Building a strategic IP portfolio is economically important from both an offensive and defensive standpoint. At a fundamental level, intellectual property is the core work product of a technical organization. The National Aeronautics and Space Administration (NASA) produce a variety of intellectual property including: patents, trademarks, data rights, copyright and rights associated with National Security. For a scientific organization to properly manage its work product it has to manage its intellectual property.
The paper also highlights how the intellectual property be managed to meet the objectives of program implementation, technology transfer and security. This paper assesses the national policies and space programs of India and Canada in an effort to suggest the basis for enhanced bilateral cooperation in space activities between the two countries. Canada’s niche world-class expertise in the space sector lies in two fields: Earth Observation (remote sensing) and space robotics. India, on the other hand, has been able to develop and continually advance an array of access to the ISS for microgravity research and human activities in space. The official visits of high-level delegates from both countries have resulted in a review of their bilateral economic relations and formulating initiatives that would strengthen their partnership. One element of such a partnership envisages cooperation in the field of science and technology in general, and space technology in particular. In the space sector, India (ISRO) and Canada (CSA) signed an interagency Memorandum of Understanding (MOU) in 2003, which provides for space cooperation With the rapid development and equally fast rate of commercialization of space science and technology, space-related products and services are becoming elements of significant commercial value.
This paper provides brief descriptions of the national policies and space programs of India, their strengths and needs for cooperation, and the challenges to such cooperation. Due to their specific national needs, India has developed advanced satellite capabilities for communications. A separate and focused study should be undertaken due to the complexity and extensive breadth of the communications industries in both the countries. This paper analyzes existing regulatory barriers and suggests some viable policy and regulatory options. It is undertaken in the general context of India- Canada political and economic relations. The paper also highlights issues involving IPRs in respect of inventions made or used in outer space which might require harmonized international norms for their solution. Finally we promise that our research paper will be one of substance, if given an opportunity.
Key words: IPR (Intellectual Property Rights), space.
Available at: http://works.bepress.com/geetika_gupta/1/