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JOURNAL of SPACE Law JOURNAL OF SPACE LAW VOLUME 32, NUMBER 2 Winter 2006 JOURNAL OF SPACE LAw UNIVERSITY OF MISSISSIPPI SCHOOL OF LAw A JOURNAL DEVOTED TO SPACE LAW AND THE LEGAL PROBLEMS ARISING OUT OF HUMAN ACTIVITIES IN OUTER SPACE. VOLUME 32 WINTER 2006 NUMBER 2 Editor·in·Chief Professor Joanne Irene Gabrynowicz Executive Editor Jacqueline Etil Serrao, J.D., LL.M. Articles Editors Business Manager Diane Howard Michelle Aten Eric Michael McAdamis Senior StaffAssistant Gregory Hunley Founder, Dr. Stephen Gorove (1917·2001) All correspondence with reference to this publication should be directed to the Journal of Space Law, P.O. Box 1848, University of Mississippi School of Law, University, Mississippi 38677; [email protected]; tel: +1.662.915.6857, or fax: +1.662.915.6921. Journal of Space Law. The subscription rate for 2006 is $100 U.S. for U.S. domestidindividual; $120 U.S. for U.S. domestidorganization; $105 U.S. for non·U.S.!individual; $125 U.S. for non·U.S.!organization. Single issues may be ordered at $70 per issue. For non·u.s. airmail, add $20 U.S. Please see subscription page at the back of this Volume. Copyright © Journal of Space Law 2006. Suggested abbreviation: J. SPACE L. ISSN: 0095·7577 JOURNAL OF SPACE LAw UNIVERSITY OF MISSISSIPPI SCHOOL OF LAw A JOURNAL DEVOTED TO SPACE LAW AND THE LEGAL PROBLEMS ARISING OUT OF HUMAN ACTIVITIES IN OUTER SPACE. VOLUME 32 WINTER 2006 NUMBER 2 DIVERGENCES AND CONVERGENCES - SPACE LAW AND INTELLECTUAL PROPERTY REGIMES: A DEDICATED ISSUE CONTENTS Foreword ............................................... Joanne Irene Gabrynowicz iii Call for Papers ................................................................................. vii Articles Outer Space Activities and Intellectual Property Protection in Nigeria ................................ Tare Brisibe 229 How on Earth Terrestrial Laws Can Protect Geospatial Data ................................................. Julie D. Cromer 253 Copyright Claims for Meteosat and Landsat Images Under Court Challenge ................ Martha Mej(a·Kaiser 293 Comment: Intellectual Property in Outer Space: International Law, National Jurisdiction, and Exclusive Rights in Geospatial Data and Databases .......................................... Lee Ann W. Lockridge 319 Of Gardens and Streets: A Differentiated Model of Property in International and National Space Law ........................................................... Kali N. Murray 361 Symposium Transcript: Opening and Closing Statements; Practitioner's Panel Intellectual Property Resources In and For Space: The Practitioner's Experience ............................. Gary G. Borda 385 Joanne Irene Gabrynowicz Pam L. Meredith Gary Myers Bradford Lee Smith William Wilkins Report Report of the IISL Space Law Colloquium In Fukuoka, Japan, October 2005 ........... Tanja Masson-Zwaan 421 Agreement Framework Agreement Between the GDvernment of the United States of America and the Government of the French Republic for Cooperative Activities in the Exploration and Use of Outer Space for Peaceful Purposes......................................................................... 447 Bibliography: Space Law and Relevant Publications .......... Macey L. Edmondson 465 Case Law ....................................................................................... 465 Law Review Articles ..................................................................... 465 Periodical Materials ....... ...... ... ........ ... ... ...... .... ... ....... ....... ...... ...... 466 Books ............................................................................................. 466 Proceedings ................................................................................... 467 Pending Legislation and Regulation........................................... 467 Errata ................................................................................................. 469 11 FOREWORD DIVERGENCES AND CONVERGENCES­ SPACE LAW AND INTELLECTUAL PROPERTY REGIMES Joanne Irene Gabrynowicz' This issue of the JOURNAL OF SPACE LAw brings together two important areas of law: space law and intellectual property law. It was born from a conversation between myself and Prof. Kali Murray, who teaches intellectual property at the Univer­ sity of Mississippi School of Law. We were comparing some re­ cent developments in each of our respective areas of law. Prof. Murray was telling me about how the idea of an information commons was developing in intellectual property law and the issues being generated by that idea in the intellectual property legal community. As I listened, I heard some ideas that were analogous to ones that had been discussed in space law for years. I told Prof. Murray that, as a matter of law, space is a global commons analogous to the Antarctica and the high seas. That led to subsequent discussions about how intellectual prop­ erty concepts were being successfully developed for application . Joanne Irene Gabrynowicz is the Editor-in-Chief of the JOURNAL OF SPACE LAw. She is also a professor of space law and remote sensing law and the Director of the N a­ tional Center for Remote Sensing, Air, and Space Law at the University of Mississippi School of Law. Prof. Gabrynowicz was the recipient of the 2001 Women in Aerospace Outstanding International Award and is a Director of the International Institute of Space Law and a member of the American Bar Association Forum on Air and Space Law. iii in those common areas, but had only minimally been begun for space. The 1998 Agreement Among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Fed­ eration, and the Government of the United States of America Concerning Cooperation on the Civil International Space Sta­ tion' contains extensive intellectual property provisions' and the International Space Station "offers an appropriate test case for reviewing the effect of a legal framework on intellectual prop­ erty rights in outer space''''. The last decade, however, has pre­ sented little further development of intellectual property con­ cepts in the global commons of space. This fact, and my conver­ sations with Prof. Kali led to the idea of hosting a conference specifically to address space law and intellectual property is­ sues. Thus, Divergences and Convergences - Space Law and In­ tellectual Property Regimes' was held in Oxford, MS, USA, on September 19, 2006. Once space law and intellectual property law was linked, identifYing important, relevant topics was easy! Nearly every aspect of space activities can raise intellectual property issues. The conference agenda quickly fell into place and addressed a wide variety of legal issues. This issue of the JOURNAL OF SPACE LAw contains the papers and commentary presented at the con­ ference. 1 Agreement Among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America Concerning Coopera­ tion on the Civil International Space Station, Jan. 29, 1998, available at 1998 U.S.T. LEXIS 212 Centered into force Mar. 27, 2001), available at, http://www.jaxa.jpljdallibrary/space-law/chapter_4.4-2-2-16/index_e.html. II Id. at art. 21. S European Space Agency, "Patents and Space-Related Inventions" available at http://www.esa.intiSPECIALSlintellectual_Property_RighlB/SEMG3Z0A90E_2.html. 4 Special thanks goes to Prof. Murray for her critical role in helping to develop the ideas addressed at the conference; to Prof. Gary Myers of the University of Mississippi School of Law who also teaches intellectual property law and who provided opening and closing commentary that Bet the context for the conference; to Ms. Michelle Aten, the Assistant Director of the National Center for Remote Sensing, Air, and, Space Law and to Mr. Jake Jenkins from the Office of Research and Sponsored Programs Science for organizing the web cast and other technical and logistical aspects of the conference. iv In "Of Gardens and Streets: a Differentiated Model of Prop­ erty In International and National Space Law", Prof. Kali Murray addresses the basics, and possible options, for applying intellectual property law to the co=ons of outer space. Prof. Julie D. Cromer analyzed an increasingly important topic in space and remote sensing law: the legal aspects of databases. Her paper, "How on Earth Terrestrial Laws Can Protect Geo­ spatial Data" starts with Article IX of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies5 and brings the reader through applicable U.S. statutory and case law; a discussion of public and private interests in geospa­ tial data; and the sui generis European Union Database Direc­ tive. Thoughtful and expansive co=entary on Prof. Cromer's paper, was provided by. Prof. Lee Ann W. Lockridge in her pa­ per, "Intellectual Property in Outer Space: International Law, National Jurisdiction, and Exclusive Rights in Geospatial Data and Databases", and it provided additional insight into the sub­ ject. The special case of developing nations that are newly-active in both space law and intellectual property law was presented by Dr. Tare C. Brisibe of Nigeria's National Space Research and Development Agency in his paper, "Outer Space Activities and Intellectual Property Protection In Nigeria". Augmenting the academic perspectives were those provided by practitioners
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