论标准版权保护的法理边界与利益平衡路径OACHSSCD

The issue of copyright protection for standards is one of the core topics at the intersection of standardization and intellectual property.As the public governance function of standardization activities has become increasingly prominent,the tension between the scope of copyright protection and the obligation of public accessibility has also intensified.Through a comparative analysis of the copyright regimes and related disputes surrounding China's national standards,the United States'incorporated-by-reference(IBR)standards,and the European Union's harmonized standards(hENs),this paper finds that although these three models differ significantly in the legal character-ization of standards,the degree of government involvement in their formulation,and the application of rights during implementation,they share a common challenge—how to balance the private inter-ests of copyright holders with the public interest of society.The key to resolving this tension lies in recognizing the existence of copyright protection for standards while clarifying differentiated levels of protection and public-interest limitations across different contexts.By adopting mechanisms such as fiscal compensation and disclosure systems,differentiated pricing,open access arrangements,and official public platforms,a coordinated institutional framework can be achieved between copy-right protection and information accessibility.