Human mankind has had a huge dream of leaving the Earth, and challenges himself in space. To achieve this dream, several legal issues came up. Some of them had already been solved before the technology got to the point to refer to it (mostly in the first 3 decades of space age). Though the advance of law, in last decades more and more legal issues are coming up. To support the dreams, legal background is to be ensured. One corner stone of these questions is related to intellectual property and more precisely to patents.The aim of the paper is to present the basic conflict of patent law and space law. By studying the territoriality and legal monopoly of patent law and disclosure of sovereignty and non-appropriation in space law, the issues developments will be considered, though no definitive solutions are yet achieved.As a conclusion to keep the space industry going on a less risky way, a kind of harmonization is needed in patent law. This paper wishes to propose some solutions (e.g. a global regulation through WIPO, or directly by a new and separate international organization), while keeping in mind, that the field of application is special, so the rules should adapt to the special conditions.
展开▼
