Patent Protection On International Space Station

International Space Station (ISS) is the largest international scientific project in history. And it will be used for astronomical observation in outer space during a long time. More and more private entities begin to be much more interested in the inventions created on the ISS. In that case, it is significant to establish the effective legal regime. The protection of patent is beneficial to the private interests. And it is good for the commercialization in outer space.The legal framework for patent protection on ISS is composed of general international law, particular international law and national law. At the first level, it is designed to discuss the applicability of the international legal regime including the basic principles and the registration provided by the international conventions in outer space. And the major international conventions on intellectual property would be applicable to the patents on ISS by interpretation. At a second level, the International Space Station Intergovernmental Agreement which signed in 1998 states the legal protection for patent on ISS for the first time in history. The specific regulations provided by the European Space Agency, however, provides the protection for patent on ISS in various legal documents. In compliance with norms of international law, the protection for patent on ISS also depends on the national laws. Therefore, it is siginificant to learn from the national legal system provided by the United States for other member states. In order to deal with the various problems arising from the existing legal system, this article figures out some advices regarding interpretation, implementation and enforceability.The legal regime for protecting intellectual property is relevent to the substantive issues related to the patent protection on ISS. In order to perfect the legal system, defining the existing framework for cooperation is as important as revising the legal regime for intellectual property. By the sufficient argument above, the private entities can understand the existing legal system with no doubts and join into the ISS project as soon as possible. Consequently, the progress of commercialization will be promoted vigorously as well as the well-being of mankind on outer space.