Australian intellectual property (IP) laws were legislated before any real prospect of the commercialisation of outer space. However, over the past decade, there has been an explosion in the number of commercial entities performing activities in outer space. For example, commercial space stations and in-orbit R&D facilities are currently in the planning and building stage for launch in the very near term. These activities require extensive research and development, and any IP generated needs to be protected as part of commercialisation strategies. However, the current legislation does not provide enough protection for space-related technology due to the limited extent of this legislation into outer space. This article explores the deficiencies of the Australian Patents Act for the protection of space-related technology.
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