The maritime industry is currently experiencing a rapid wave of innovative activities, driven by advancements in science and technology, particularly in the exploration of the high seas. In markets such as the United States, maritime technology is rapidly advancing with modern digitization capabilities. With this foundation, the maritime industry is witnessing a surge of research and development initiatives, protected by patents under Intellectual Property Law.
Patents in maritime technology cover various fields, including performance on sea, ports, ships, systems, and other technologies related to maritime operations. Research and development activities are underway in areas such as improving fuel efficiency, enhancing vessel performance for longer journeys with fewer refueling stops, emergency preparedness, and developing artificial intelligence for autonomous maritime operations.
Countries are integrating AI technologies into robots for shipbuilding and repairs, reducing the risks to human life. Other areas include fleet management, transportation planning and monitoring, cargo planning, managing flight crew (for aircraft carrier vessels), coordinating ports, and more.
Some projects, such as reducing underwater engine noise to avoid detection by hostile forces and capturing clear underwater videos, require deep research and enhanced security measures.
However, in contrast to the United States, some regions in Asia do not have open access to intellectual property on the high seas. Research and innovative development, as well as patent registration related to maritime innovations in these countries, face challenges and obstacles.
Challenges in Developing Intellectual Property Rights on the High Seas
One of the significant challenges lies in determining the geographical scope of patent protection, meaning the extent to which intellectual property owners can enforce their rights. Each country asserts sovereignty over territorial waters, usually extending to several nautical miles (commonly 12 nautical miles) from the nearest coastline, defining their territorial sovereignty.
Beyond this range lies international waters, according to most recognized maritime sovereignty laws, which could even include celestial bodies like Mars, as they are not claimed by any entity, similar to other celestial bodies.
Currently, territorial sovereignty disputes remain a significant issue among nations, causing conflicts. These disputes become even more prominent on the sea, where neighboring countries might not recognize each other’s territorial sovereignty.
Patent rights have limited geographical scope, and patent owners can only enforce their rights within the national territory where their patent is registered. Disputes beyond the sovereign territory where the patent is protected make resolution challenging.
International Intellectual Property Laws at Sea
In 1982, the United Nations Convention on the Law of the Sea stipulated that a coastal state usually has sovereignty over an area extending approximately 12 nautical miles into the sea. This limit generally applies to enforcing patent rights.
Regarding the enforcement of intellectual property rights in international waters, the Paris Convention states that if a patent relates to the “needs” of a ship, the rights related to a patent in one member country cannot be enforced against a ship from another member country while the ship is engaged in international transport activities.
This means that if a ship uses patented technology from another country while in international waters, the patent owner in that country cannot take legal action against the ship or its related parties.
This regulation aims to prevent patent rights from hindering maritime transport activities, a vital means of promoting economic operations.
Not overly tightening patent regulations on international waters allows international trade to operate smoothly based on ships temporarily entering international waters without infringing on patent rights. However, proactive patent registration by inventors or businesses in target countries remains essential. They should evaluate the potential of a product and its market development prospects in different regions.
For manufacturing companies, this evaluation should consider both the country where the product is sold and the country where it is produced, such as China and Vietnam.
International Patent Protection
To protect patents related to devices used at sea, patent holders should carefully consider the profitability and effectiveness when implementing protection methods, such as registering patents in target markets.
Indiscriminately registering patents in all coastal countries worldwide is not feasible for small and medium-sized enterprises without substantial capital.
A practical protection measure could be patent owners requesting a cease and desist order from the competent authority against all individuals and businesses operating in the protected maritime area. However, due to the temporary nature of activities at sea, implementing a ban might lead to unpredictable and ineffective consequences.
Another consideration is that not every coastal country has a well-developed intellectual property legal system like the United States. In countries where intellectual property laws are not well-established, registering patents or imposing cease and desist orders can be particularly challenging.
Balancing Intellectual Property Protection and International Trade
To protect intellectual property rights related to maritime activities without negatively impacting international trade, patent owners should first utilize the Patent Cooperation Treaty (PCT) system. This system allows applicants to file a single international patent application that can be pursued in 151 countries.
The next step is to protect intellectual property rights through trademarks, copyrights, and trade secrets. Trade agreements can play a significant role in this effort, requiring involved parties, including representatives from a country not penalizing patent infringement within or beyond its territorial waters, to maintain mutual respect and international maritime trade operations.
If partners do not agree, maritime businesses can refuse to engage in business with them. Conversely, patent owners concerned about patent infringement at sea can also apply the same principle, limiting access to specific markets or reducing profits for partner businesses.
Another option is to impose higher fees if agreements regarding patent use are not established, or to restrict access to certain unique markets, diminishing the profits of partner businesses.
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