IP Rights in Space and at Sea

Intellectual property rights are subject to the principle of territoriality. This means that they are only valid on the territory of a state that establishes the relevant law or a community of states that establishes a corresponding supranational law. However, outer space and the high seas are extraterritorial areas in which no State may exercise such sovereign rights.

Ships and aircraft are subject to the law of the state of registry, i.e. the state in which they are registered. This also applies if these vehicles are located in an extraterritorial area. However, if they are located in the effective legal territory of a state or community of states, for example in its airspace or territorial waters, the law of the respective territorial state or community of states also applies. Exclusive economic zones adjacent to the territorial waters of a coastal state are a special matter.

The law of the state of registry may also apply to space objects, including satellites and spacecraft. With regard to space rockets that fly through the airspace of a state on launch and space objects that fly through the airspace of a state on return from space, the question also arises as to the altitude at which the airspace of a state ends and extraterritorial space begins.

Dr. Wolfram Schlimme has written a comprehensive publication on the subject of the territorial effect of patents:
The Territorial Boundaries of Patent Protection on Land and at Sea, in the Air and in Space (ZLW 3/2021)

You can find special publications on the subsequent themed pages:

• About the patent protection of space-related inventions on our spacepatent website.
• About patent protection at sea and in the EEZ on our offshore patent website.