POLICY FOR COMMERCIALIZING CBERS DATA

摘要

Since the launching of the Chinese-Brazilian CBERS-2 Satellite1, in 2003, Brazil and China have joined these elite ranks of countries with remote sensing capacity, thereby shifting from user to supplier status. The quality of CBERS-2 images has been approved worldwide, leading China and Brazil to sign further agreements during the visit of the President of China to Brazil on November 12, 2004. Reflecting their commitment to enter the restricted market of commercializing remote sensing data, China and Brazil signed a joint research and development Protocol which included an annexed document entitled "CBERS2 Data Policy". This policy was written in accordance with the current 1986 United Nations Principles Relating to Remote Sensing of the Earth from Outer Space, including special consideration for the developing world. Both States also signed another agreement to build and launch CBERS-2B by 2006 in order to replace CBERS-2 and thereby guarantee the continuous supply of remote sensing data. As with any emergent technology, remote sensing monopolies have deterred global development. The CBERS data provides new hope for world economic growth through self-sustaining commercialization of the images to third parties, without neglecting a commitment to free access when China and Brazil agreed to the need. This paper presents the criteria for commercializing CBERS data and its role in Chinese and Brazilian joint research and development in remote sensing. As is well known, Brazil has long defended the revision of the 1986 UN Principles on Remote Sensing in the COPUOS3 Legal Subcommittee, which haven proven to be ineffective in dealing with current issues. The Brazilian proposal was not ever approved, primarily because developed countries were afraid that the revision of those Principles might jeopardize their commercialization of remote sensing data and, consequently, reduce the profits of their private companies. An explanation of Brazil's current position on reform issue in the COPUOS Legal Subcommittee is presented in this paper along with current status of Brazilian legislation and the need of an improved legal framework in remote sensing.