Red Flag Way: Exploring copyright protection, TRIPS and Open Source software licensing in the People’s Republic of China

Résumé

The focus of this paper is to explore the interaction between open source software licenses, and China’s developing stance on intellectual property laws and standards over the last three and a half decades.

It is contended that open source software licensing alters the intended use of copyright protection in a manner which conforms to the cultural understandings of the People’s Republic of China. It is also argued that a copyright policy that is preferential towards open source software licensing would advance the PRC’s conformity to TRIPS’ minimum protection requirements.