In recent years,
source code disclosure has emerged as a pivotal issue in global digital trade
negotiations, prompting its integration into various emerging international
trade agreements. However, differing global perspectives on digital
intellectual property protection and trade barriers have resulted in a variety
of positions on source code disclosure. China is facing some challenges in
formulating its domestic source code disclosure framework and effectively
engaging in international rule-making processes. This is impeding its accession
to agreements like the Comprehensive and Progressive Agreement for
Trans-Pacific Partnership (CPTPP) and the Digital Economy Partnership Agreement
(DEPA). To overcome these challenges, it would be beneficial for China to
consider developing a unified approach to source code disclosure that balances
security concerns with the goal of trade liberalization. One potential solution
could be a balanced strategy of ‘principle + exception’, which would involve
generally limiting disclosure while incorporating well-defined exceptions that
align with both Chinese characteristics and international standards.
Additionally, it may be valuable to explore the possibility of implementing a
proportional governmental regulatory framework for overseeing source code
disclosure.