标准的著作权法保护问题探析

Probe into on the Problem of Protecting Standards in Terms of the Copyright Act

著作权是对私有财产提供保护的权利制度,而作为一种技术规则的标准具有一定的公共物品属性,二者之间存在紧张关系。我国关于标准著作权问题的立法几近空白,域外司法实践已对这一问题有了回应。对标准提供著作权法保护,须区别对待公标准与私标准,并随着标准性质的演化而作出调整。著作权法对标准保护的态度应当是谨慎的,既要维护标准制定者的私人利益,又要维护标准使用人以及消费者的公共利益。当标准构成"基础设施",存在限制、排除市场竞争行为时,可借助反垄断法进行干预。

Copyright is to protect the rights of private property, and as technology rule, standards are pub-lic goods, with tensions between the two. China＇s legislation on copyright issues of standards is almost blank, whereas judicial practice abroad has responded to this in terms of the Copyright Act shall distinguish between public ments as the nature of standards changes. Copyright legislatio problem. To provide protection to standards and private of standards, and make adjust- n must make prudent response to this prob- lem, so that either the interests of private standard - setter or the public interests of the standard user and consumer are all to be maintained and safeguarded ~ When standards become ＂ infrastructure＂, and restrict and rule out competition in market behavior, Anti- monopoly Law is to be enforced as an intcrvention.