Research and Invention in Outer Space: Liability and Intellectual Property Rightsby Sa'id Mosteshar
Outer space affords a unique physical environment in which to conduct experiments. The most widely appreciated characteristic of the space environment is that of microgravity. Outer space also provides a sterile setting not easily or inexpensively achievable on Earth. The electromagnetic and radiation levels too differ significantly from those on Earth. These and… See more details below
Outer space affords a unique physical environment in which to conduct experiments. The most widely appreciated characteristic of the space environment is that of microgravity. Outer space also provides a sterile setting not easily or inexpensively achievable on Earth. The electromagnetic and radiation levels too differ significantly from those on Earth. These and other natural attributes of outer space make it a potentially attractive environment for the conduct of experiments, which will lead to inventions in a wide range of high technology fields.
This unique environment is increasingly accessible to experimenters and inventors at costs which are commercially attractive. The Mir Space Station as well as NASA Shuttle Flights already provide opportunities for experiments to be conducted in outer space. When the Multi-National Space Station is established there will be even greater numbers of experiments and research projects conducted there.
Outer space also presents a unique legal environment for these activities. Recognizing this, and the uncertainty surrounding a number of central legal issues which will result from such activity, this book sheds light on the incidental legal questions that arise. Based on the papers presented at a conference on the topic in Paris, the book examines patentability and intellectual property infringement, as well as contractual issues and related topics. Also included are papers on the liabilities that arise out of activities in outer space, the relevant jurisdictional considerations, and the growing commercialization of space activities in the United States and in Europe.
- Brill Academic Publishers, Inc.
- Publication date:
Table of ContentsIntroduction; S. Mosteshar.
1. Introductory Remarks; K.-H. Böckstiegel.
2. Financing Space Research and Inventions; C.S. Dubin.
3. Micro-Gravity Experiments in Japan; H. Suzuki.
4. Aspects contractuels des opérations en micro-gravité; J.-P. Raynaud.
5. Aspects of Contracts Involving Research Centres; C.H. Moehlenhof.
6. Rights and obligations of participants in Space Materials Processing Activities; P.D. Nesgos.
7. Commercial Use of Space in Europe: From a Matter of Independence to a Matter of Business; J.-P. Fouquet, J.Y. Le Gall.
8. Evolution of U.S. Commercial Space Policies and Procedures; E.A. Frankle.
9. Liability Regulations Applicable to Research and Invention in Outer Space and their Commercial Exploitation; Bin Cheng.
10. Legal Liability Arising from Commercial Activities in Outer Space; I. Awford.
11. Recent Developments in Space Law Litigation; L.S. Kaplan.
12. Issues Arising in Determining the Legal Regime Applicable to Intellectual Property Rights in Outer Space; S. Mosteshar.
13. Issues of Intellectual Property in Relation to Research and Invention in Outer Space: European Community Perspective; D. Staunder.
14. The European Space Agency: Intellectual Property Rights and International Cooperation/ L'Agence Spatiale Européenne: Propriété intellectuelle et coopération internationale; A.M. Balsano.
15. Intellectual Property Rights with Respect to Inventions, Created in Space; O. Vorobieva.
16. Research and Invention in Outer Space and their Commercial Exploitation: Liability and Intellectual Property Rights; S. Mosteshar.
17. Intellectual Property Issues in Space Activities; S. Mosteshar.
Appendix 1: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.
Appendix 2: Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space.
Appendix 3: Convention on International Liability for Damage Caused by Space Objects.
Appendix 4: Convention on Registration of Objects Launched into Outer Space.
Appendix 5: Agreement Governing the Activities of States on the Moon and Other Celestial Bodies.
Appendix 6: Agreement among the Government of the United States of America, Governments of Member States of the European Space Agency, the Government of Japan, and the Government of Canada on Cooperation in the Detailed Design, Development, Operation and Utilisation of the Permanently Manned Civil Space Station.
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