In a recent move, the government has decided to unlock the
potential of quite a number of unlisted companies by the means of
disinvestment.1 Stake sale has been planned for some of
the profit earning subsidiaries, the list including Antrix Corp.
This private limited company owned by the Indian government, a
"Mini Ratna" company is the marketing arm of the Indian
Space Research Organization (ISRO).
With the government wanting increased commercial participation in
the space industry, an obvious implication which follows is the
glaring need for the protection of the intellectual property which
follows innovation in the outer space. While the NASA has been wise
in considering patent benefits for the private sector, to promote
participation and innovation, it is for India to follow the
suit.
There are two very specific programs under which the NASA
collaborates with the private sector enterprises for affordable and
efficient technology implementation. The Commercial Cargo
Development Program and the Commercial Crew Development Programs
have been initiated for continued support and evolution of the
International Space Station. The American aerospace manufacturer,
SpaceX2 , has been awarded a Commercial Orbital
Transportation Services3 contract to launch a system to
resupply cargo to the ISS. It is important to look into these
examples, as they stand to save public capital investment and
time.
Private collaboration in the realm of space explorations has gone
to the extent where NASA has delegated the management of the US
National Laboratory at ISS to CASIS. This is done by the execution
of a Cooperative Agreement with intent to develop the capability to
implement research and development projects utilizing the
International Space Station (ISS) National Laboratory (NL) and to
manage the activities of the ISS NL4. It is to be
understood that the organization has to comply with the research
objectives, while creating public awareness of the research
activities carried out in the national laboratory.
India is not a participant to this great outer space mission of the
mankind. But as it goes, "That's one step for [a] man, a
giant leap for the mankind". If we are to believe that space
race will witness active participation from various countries, we
are also to accept the fact that the private sector enterprises
will be needed for effective and timely implementation of the
advanced programs.
Where the government plans disinvestment for its privately held,
marketing arm of the ISRO, it has to ensure that there are laws in
place which protect the investments which flow towards the
technology involved. The primary concern of any investment is the
returns on investment, which can be achieved well in terms of
technological ventures through commercial and exclusive
exploitation of the technology. Patent rights serve as the best
tool for monopolistic controls over the invention.
Where space technology is considered to be high end, severely
complex, it is for the laws to recognize the potentials of the
inventors and accord them with due rights to exploit their
technology for monetary returns. Only by way of constructive
deliberation and proactive involvement of the government in
enabling and implementing a comprehensive patent regime for the
space innovations, can the country expect the private sector to be
interested in the rapid growth of space explorations and
innovations.
We can look forward to a cross-sectoral discussion, involving
representatives from the relevant sectors for a fair and
responsible assessment of the present laws and capabilities. If we
seek to empower our private sector, we need to specifically address
the scope and the potentials of the sector. It is time that we
analyze the performances of the private sector investment and
involvement in the outer space activities as that of SpaceX, for a
constructive feedback.
Footnotes
1 http://www.ibtimes.co.in/government-plans-divest-stake-25-companies-including-unlisted-psu-ipos-633113
2.Space Exploration Technologies Corporation, SpaceX,
is an American aerospace manufacturer, which also provides services
of space transport. See more at, http://www.spacex.com/ , Visited April 24,
2015.
3.Human Space Flight Transition Plan, p. 23. See also
at, http://www.nasa.gov/subject/3622/commercial-resupply/
, Visited April 24, 2015.
4.National Aeronautics and Space Administration Space
Operations Mission Directorate, Cooperative Agreement Notice
– ISS National Laboratory Management Entity, NNH11SOMD002C,
at p. 1.
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