Remote Sensing Data and International IP Laws

Abstract

Remote sensing technologies use electromagnetic waves which are reflected and diffracted from earth to space to create sophisticated data which is largely useful for natural resource management and land uses. Initially, only a few countries had had access to remote sensing data however, withthe development of outer space technology and research, more states are acquiring the capacity to explore the use of remote sensing data. Likewise, the availability of private remote sensing data for commercial purposes has increased. At this juncture, countries are increasingly turning to the Intellectual Property (“IP”) Rights, particularly copyright, to protect and monopolise remote sensing data. The existing IP laws on remote sensing data vary greatly in the domestic and international law arena. The international laws on outer space do not adequately address the problems that afflict the copyright protection of remote sensing data. The paper sets out the dilemmas and debates surrounding the protection regime of remote sensing data, and finally, advances a possible solution to tackle the concerns.The conventions and journal articles are served to develop the arguments for the paper.