“技术标准”版权性问题研究

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Abstract Academic circles have a disagreement over the issue that whether technical standards should be protected by copyright law，and most practical departments hold the view that they shall be protected as“works”in copyright law.All the technical standards except enterprise standards should belong to other normative administrative files，since they are mandatory and normative as a result of being made by administrative subject.Consequently，according to the provisions about the object of copyright in article five of the copyright law，all the technical standards except enterprise standards should not be protected by copyright law.Besides，they don't possess the property of the works.Without giving these technical standards the copyright law's protection but making them public conforms to the legislative purpose and spirit of the copyright law and the standardization law，as well as the principle of benefit counterbalance.It will take many negative effects when giving technical standards copyright law protection.Based on this，the administrative subject should provide the technical standards administrative openness and there's no exclusive publishing right.

Key words： Technical standards Copyrightable Benefit counterbalance Administrative openness

Received: 01 June 2016

PACS:

D923.4

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	Wang Yuan
	Xiong Weihong

Cite this article:

Wang Yuan,Xiong Weihong. Research on Copyright of Technical Standards[J]. , 2017, 0(3): 88-94.

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http://www.zgkjlt.org.cn/EN/ OR http://www.zgkjlt.org.cn/EN/Y2017/V0/I3/88