PEL - part 1 Flashcards
for the January 2021 exam
**We do not have LO’s from the lecture on Strategy in the Space Sector, these questions are guesses at what could be testable.**
Briefly explain the concepts of Space 1.0, Space 2.0, Space 3.0, Space 4.0 and give examples.
Space 1.0 was Astronomy. Example: Copernicus, Galileo, and early astronomers.
Space 2.0 was Competition. Example: US and Soviet space race.
Space 3.0 was Cooperation. Example: International space station with Russia, US, EU, Japan.
Space 4.0 is Participation. Example: New Space participation by agencies and businesses in partnerships. Public-private partnerships plus commercial-only partnerships.
**We do not have LO’s from the lecture on Strategy in the Space Sector, these questions are guesses at what could be testable.**
What are three general categories of ESA programs?
Mandatory programs.
Optional programs.
3rd party programs by non-member states.
**We do not have LO’s from the lecture on Strategy in the Space Sector, these questions are guesses at what could be testable.**
What are the 4 pillars of ESA programs from the Space 19+ ESA Ministerial Council meeting?
Science and Exploration
Safety and Security
Applications
Enabling and Support
**We do not have LO’s from the lecture on Strategy in the Space Sector, these questions are guesses at what could be testable.**
Give examples of Earth Observation for commercial use.
- Disaster management.
- Water monitoring (for power generation and farming).
- Soil moisture and drought monitoring.
- Precision farming: Crop monitoring, livestock tracking, land use.
- Monitor illegal deforestation, prevent competition.
- Naval vessel identification and detection. Prevent piracy and illegal trafficking.
- Decision support for autonomous naval vessels.
Frame economic historical context for emergence of
space development and the possibility of space
resources to remove resource constraints.
Early manufacturing and production boomed due to exploitation of resources, including cheap labor. “Profit extraction.”
Later, “Maturing economies (in the 1960s and 70s) created contradiction.” They needed to re-invest heavily in R&D which decreased profits.
The result was a decrease in R&D in later decades with increased profit.
Now, EU has less industry and US has much less.
Resources are more expensive nowadays, also, creating relative scarcity.
We could recreate the setting where there was cheap exploitation of resources if we mine asteroids for raw materials. This would “remove the resource constraints.”
Developing new technologies for the space industry could also open up new economic growth from new innovations.
“Not a matter of economic capacity.” It’s a matter of political will to invest in space research and space industry.
Evolution of space policy reflecting growing economic
and technological capacity, number of players, and
emergence of private space enterprise and the
prospect for cost reductions to drive private space
enterprise towards economic feasibility of use of
outer space resources.
Evolution of Space Policy:
Modern space history begins with the International Geophysical Year, 1957-58. US announces there the plan to launch satellite in next few years, then Sputnik is launched in 1957.
Outer Space Treaty 1967 considered the paper embodiment of the spirit of the International Geophysical Year.
Moon Treaty 1979, limited by parties with mining interests.
Short-term private interests: Satellite manufacturing, satellite services, ground equipment, and launch facilities.
Long-term private interests: Crewed and robotic space exploration; Energy, mining, and processing, space tourism.
What is the interaction of state and commercial interests in space?
–Participation in a market depends on procurement law. Procurement is the buying of goods or services by the public sector from the private sector. The European Union has specific directives on public procurement. In the US and Canada, procurement is based on individual contracts, legally. The space market is largely based on public demand in Europe.
Procurements for:
–Research and development.
–Manufacturing.
–Ancillary services, like maintenance, logistics, engineering.
–Satellite operations and servicing.
–Satellite and experiment launching.
How do legal rules determine commercial business models?
–Licensing and authorization by space agencies to do business.
–Jurisdiction and applicable rules of law, either national or international (EU).
–Export control laws may cause constraints: ITAR/dual use, embargos.
–IT laws and telecommunications laws may apply from national or international regulating bodies.
–Contract law will depend on national or international laws.
–Cartel and monopoly laws protect businesses trying to enter a a market. Prevent price fixing, dumping prices, blocking markets, and limiting supplies.
How do contracts determine business and risk management?
First, the types of contracts:
–Contracts for studies, like risk assessments or regulation reviews.
–Consultation contracts.
–Research and Development.
–Supply contracts for hardware or software.
–Contracts for ancillary services, like maintenance.
Second, how they determine risk management:
The contractual chain of risk allocation:
Customer —> Main Contractor (“the prime”) —> Subcontractor (“the sub”) —–> Lower tier Subcontractor (“lower sub”).
The main contractor is fully liable for the sub, and the sub is fully liable for the lower sub.
Penalty provisions can protect from failure to perform can and breach of contract can lead to claims for damages. Arbitration is also possible.
What are the notions of responsibility and liability in the space sector?
This LO was not mentioned at all in the lecture. The words responsibility and liability do not appear at all in the lecture notes.
This is a decent answer from https://www.spacelegalissues.com/responsibility-and-liability-in-space-law/
It says responsibility is more binding and a company or state is responsible for breach of a contract. Meanwhile, liability can have consequences only for damage.
**This is not an LO but seems like good testing material from the lecture**
What is the difference between an agreement and a contract?
–An agreement is an understanding or arrangement between two or more parties. Example: Satellite Service Level Agreement (SLA) or Technical Assistance Agreement (TAA).
–A contract is a more specific agreement that has terms and conditions and is enforceable in court.
**Non-LO possible question that could be used as an example for answering an exam question.**
What are the legal and business factors that are specific to Europe?
–70% of the market is operated by a few large companies, like OHB, Airbus, Thales, FINMEC.
–European market is highly dependent on public agency demand.
–“Cyclical” demand of commercial satellite operators, like SES, EUTELSAT, INMARSAT, Hispasat. Demand comes and goes.
What are the different basic types of Intellectual Property?
Copyright: Excludes other people from reproducing the work. Examples: Books, music, performances.
Patent: Excludes others from making, using, or selling the result of the idea. Example: Inventions.
Trademark: Prevents others from using that mark to identify their goods and services. Example: Trademark, service mark, company name, logos.
N.B.: Industrial intellectual property is a special category of IP that is created for industrial use. It includes all of the above but is specific for industry.
What is the “confusion” over copyrights and patents?
The differences between them:
Copyright:
It represents an exclusive right to reproduce, disseminate, and reproduce a work with came from the personality of the author. It has a moral right to respect the work, and is there to protect culture and creativity. It is for life of the author plus 70 years. Copyright protects “originality”, which is subjective.
Patent:
Patents are for inventions. Inventions do not include: scientific discoveries, scientific theories, mathematical models, aesthetic creations, schemes, methods, computer programs, and presentations of information.
Inventor’s rights: It rewards the creative effort of the inventor. It gives the exclusive right to use an invention for the purpose of manufacturing industrial products for circulation for the first time. The rights can be used directly or by licensing the right to third parties. Unlike copyright, an inventor of patent must put the patent to “work” either him- or herself, or by licensing to a third party. “No use, no protection.”
Legal rules for patents: Criteria for registration are novelty (not already public knowledge), new inventive step (not obvious to a reasonable worker), industrial applicability (any kind of industry), and “unity” of the invention (has to be one invention or closely related set of inventions). Example of patent law is the Paris Convention for the Protection of Industrial Property. The term of the patent is 20 years.
What is the particular role of Intellectual Property in space?
IP here follows the concept of territoriality. The Outer Space Treaty protects jurisdiction over property, including intellectual property. Therefore, who owns the intellectual property depends on the source and the contract between collaborating parties on a space project.
Different types:
Background IP: This is the IP that the partners brought into the project.
Foreground IP: This is the IP that is generated during collaboration on the project. The ownership and limits will depend on the contract.
Post-ground, or post-development, IP: This is the IP that is generated after the project ends, or research contract ends. Ownership and limits are determined by the contract.
IP items possible: Space objects, subsystems, designs, plans, documentation, patents, trademarks, logos, and even business know-how.
