AI-Driven Innovation and Discoveries in Space Exploration: The Need for an Adapted Regulatory Regime

As space exploration is breaking through new frontiers, making the most of cutting-edge technologies such as Artificial Intelligence (AI), the legal regime that should apply to innovations and discoveries using AI in this context is gaining importance. A thorough examination of said AI output reveals that it can be roughly divided into two broad categories, on the basis of their content (i.e., AI innovations related to robotics, navigation and communications; and AI discoveries on space resources). From this perspective, it appears that the question on whether such AI output should be subject to international space-law fundamental rules or national IP legislations—which is the dominant controversy—is taking on a new dimension. We contend that a regulatory framework applicable to AI innovations and to discoveries in space should establish a balance between the scientific data of space exploration, regarding space resources as well, which should remain open to the international scientific community in accordance with the non-appropriation principle laid down in Art. II of the OST and the legal protection of specific space innovations as a potential incentive for further private investment in space exploration.