Open Access Research Article

INTELLECTUAL PROPERTY RIGHTS IN THE COMMERCIALIZATION OF SPACE ACTIVITIES IN INDIA: LEGAL CHALLENGES, REGULATORY GAPS AND FUTURE DIRECTIONS

Author(s):
JAYASHREE BALIARSINGH DR. NARENDRA KUMAR SINGH
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 5
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Abstract

Abstract
The transition of the global space sector into the market-driven "NewSpace" era has triggered unprecedented private-sector participation, exemplified by India's expansion to approximately 440 registered space-tech start-ups, backed by USD 618.5 million in private equity. However, contemporary legal scholarship reveals an enduring institutional friction: the systemic mismatch between the strict territoriality of municipal Intellectual Property Rights (IPR) regimes and the borderless, non-appropriable domain of outer space under Article II of the Outer Space Treaty 1967. This review paper synthesizes existing international legal literature, statutory frameworks, and municipal policy gaps, with a specific focus on the Indian commercial space landscape. A critical evaluation of current scholarship reveals that despite the structural liberalization introduced by the Indian Space Policy 2023, a significant regulatory lag persists. While private entities account for over 80% of new domestic space entrants, they hold less than 5% of active space patents (IPC: B64G), leaving them structurally vulnerable to orbital and cross-border patent infringement loops and downstream "data laundering". Furthermore, this paper identifies critical analytical blind spots in contemporary literature, particularly the lack of sui generis database frameworks for machine-learning outputs derived from raw satellite telemetry and unresolved IP allocation models in state-to-private technology transfers. Review concludes with a call for targeted legislative action, specifically the introduction of a dedicated extraterritorial patent extension (Section 157B) within India’s domestic statutes, to de-risk private deep-tech capital and secure the nation's position as a legally stable global space hub.

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Authors: JAYASHREE BALIARSINGH & DR. NARENDRA KUMAR SINGH
Registration ID: 1013085 | Published Paper ID: IJLRA13085 & IJLRA13086
Year: Aug-2026 | Volume: 3 | Issue: 5
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 2022-2035

Article Information

INTELLECTUAL PROPERTY RIGHTS IN THE COMMERCIALIZATION OF SPACE ACTIVITIES IN INDIA: LEGAL CHALLENGES, REGULATORY GAPS AND FUTURE DIRECTIONS

Authors: JAYASHREE BALIARSINGH, DR. NARENDRA KUMAR SINGH

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 5
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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