Who owns IP rights in Space?

The advent of the International Space Station (ISS) and the privatization of commercial space flights have brought into question laws that govern IP rights in Space in the future.  The IP rights discovered or created on the ISS  is primarily governed by the NASA Authorization Act of 2010 which allows the discoverer to maintain IP rights if approved by NASA and shared with NASA for further use in line with the purpose of ISS as a collaborative research lab.  Private industry’s push into space beyond ISS requires a reconfiguration of the incentives to spur further innovation.  Territorial laws on Earth will inevitably conflict with those seeking rights in Space.  Who should ultimately govern and own rights in Space?  Do we model new laws with what was done in Antarctica?  (The Antarctic Treaty of 1959 set aside Antarctica as a scientific preserve, established freedom of scientific investigation, and banned military activities by the parties.  Unclear whether IP rights were addressed by the Antarctic Treaty).  Do we now recognize that we are one world and give some thoughtful incentive to those who risk putting investments into space and space-related ventures?

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