Comparative Analysis of the Three-Step Tests in International Treaties

IIC- International Review of Intellectual Property and Competition Law, Vol. 45, No. 4, 2014

U of Melbourne Legal Studies Research Paper No. 688

2 Pages Posted: 17 Jun 2014

See all articles by Andrew F. Christie

Andrew F. Christie

Melbourne Law School

Robin W. Wright

University of Melbourne - Centre for Media and Communications Law ; Swinburne University of Technology

Date Written: June 17, 2014

Abstract

Much of the literature on the three-step test focuses on its implementation in relation to one particular intellectual property regime only, usually copyright. That approach tends to limit analysis of the test to a comparison of the different steps of the test with each other. Such an approach is valuable, but it does not provide the full picture. What is missing is a comparison of the same step within the different versions of the test. This article helps to fill that gap, by undertaking a detailed comparison of each element of each step, across all implementations of the test. It focuses on the similarities and differences in the wording and structure of the fundamental components of the steps of the tests. It shows that each version of the test contains differences in meaning, and that these differences often have practical significance. As a result, it provides additional support for the view that there is no such thing as the three-step test – rather, there are eight three-steps tests, each of which is uniquely different.

Keywords: copyright, three-step test, international treaties, comparative

JEL Classification: K00, K39

Suggested Citation

Christie, Andrew F. and Wright, Robin W. and Wright, Robin W., Comparative Analysis of the Three-Step Tests in International Treaties (June 17, 2014). IIC- International Review of Intellectual Property and Competition Law, Vol. 45, No. 4, 2014, U of Melbourne Legal Studies Research Paper No. 688, Available at SSRN: https://ssrn.com/abstract=2453506

Andrew F. Christie (Contact Author)

Melbourne Law School ( email )

University of Melbourne
Melbourne, Victoria 3010
Australia

HOME PAGE: http://www.andrewchristie.com

Robin W. Wright

Swinburne University of Technology ( email )

Cnr Wakefield and William Streets, Hawthorn Victor
3122 Victoria, Victoria 3122
Australia

University of Melbourne - Centre for Media and Communications Law ( email )

Victoria 3010
Australia

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