Navigating Source Code Disclosure Rules in International Trade Agreements and China’s Strategic Engagement

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.