Source code provisions and evolving exceptions in economic agreements

Author

Locknie HSU, Singapore Management UniversityFollow

Publication Type

Journal Article

Publication Date

1-2025

Abstract

This article examines the objectives and constraints of treaty provisions relating to source code disclosure requirements in recent treaties such as free trade agreements and Digital Economy Partnership Agreements. It examines such provisions and in particular, their evolving exceptions, against the tide of technological advancements in artificial intelligence, such as those in Generative AI, as regulators grapple with both the regulation and promotion of such technologies. It raises some key considerations for the negotiation of future provisions and associated exceptions for trade negotiators and legal advisers.

Keywords

Artificial intelligence, source code, algorithms, exceptions, conformity assessment, trade, FTAs, digital economy agreements, trade, security

Discipline

International Economics | International Trade Law

Research Areas

Innovation, Technology and the Law

Publication

Global Trade and Customs Journal

Volume

20

Issue

2

First Page

118

Last Page

129

ISSN

1569-755X

Publisher

Kluwer Law International

Citation

HSU, Locknie. Source code provisions and evolving exceptions in economic agreements. (2025). Global Trade and Customs Journal. 20, (2), 118-129.
Available at: https://ink.library.smu.edu.sg/sol_research/4614