Theoretical Territoriality Paradox for the Intellectual Property Protection in Outer Space and Its Regulatory Approach for Reconciliation

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : Journal of East Asia and International Law / 13권 / 1호
ㆍ저자명 : Zhijie Chen

목차

I. Introduction
II. Prohibited Territorial Sovereigntyunder the Space Legal Regime
A. Understanding of the Non-Appropriation Principle
B. Failed Claims of Territorial Sovereignty in Outer Space
III. Territoriality Principle under the IP Legal Regime
A. Evolving Paradigms of IPRs Protection
B. Territoriality Principle Derived from the IP Treaties
IV. The Regulatory Approach to Reconcile the Paradox
V. Conclusion

영어 초록

The sustainable development of outer space demands the protection of intellectual property in outer space. However, it worth noting that the intellectual property international treaties have not explicitly regulated in their provisions the issue of intellectual property protection in outer space, neither the provisions of the five outer space treaties explicitly address the legal issue. One suspicious rationale resulting in this legal status is the theoretical territoriality paradox between the legal regimes of outer space and intellectual property. This article aims to unveil the theoretical territoriality paradox by comparing the two legal regimes of outer space and intellectual property. It then moves to argue that the paradox is proved to be a theoretical problem since the legal value of Article VIII of the Outer Space Treaty elaborately reconcile the theoretical paradox and practically provides a self-contained mechanism that would permit guaranteed levels of intellectual property rights protection in outer space.

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