关键词： 专利, 开源, 专利开源, 开源许可协议, 风险治理, 规则构建

Abstract: The community autonomy model in theopen-source ecosystem operates through spontaneously formed industry groups.Through various types of open-source organizations,participants voluntarily establish open-source licenses,codes of conduct,and governance rules to ensure the standardized operation of open-source projects.This model is characterized by decentralized governance structures and contributor self-discipline.While this approach facilitates knowledge dissemination and the aggregation of collective intelligence,the absence of a unified management mechanism has gradually exposed potential managerial and legal risks in the open-source landscape.This limitation arises primarily from the community autonomy model's insufficient institutional adaptability when transitioning from non-commercial open-source collaboration to commercial applications.To mitigate these legal risks,a regulatory shift from community autonomy toward formal legal governance is required.The construction of legal rules should be guided by the dual objectives of promoting knowledge diffusion and ensuring multi-stakeholder benefit sharing.Such rules should be developed across three interrelated dimensions—usage rules,regulatory oversight mechanisms,and remedial procedures—to ensure the compliance of open-source projects,minimize legal exposure,and provide effective remedies for potential disputes.

Key words: open source, patent, patent open source, open-source license agreement, risk governance, rule construction