36 Pages Posted: 4 Mar 2004
This paper argues that international copyright treaties, such as the WTO TRIPS Agreement, should no longer be developed as sets of minimum standards with a standardized exception filter, namely the three-step test, but rather include a normative standard for the copyright rights themselves. In seeking harmony between rights and exceptions, and in light of copyright haphazard evolution (by simply adding new rights when a new way of using protected content was invented), a single new core norm is proposed: the reverse three-step test.
Keywords: Internatonal copyright, three-step test, TRIPS
JEL Classification: 034, K33
Suggested Citation: Suggested Citation
Gervais, Daniel J., Towards A New Core International Copyright Norm: The Reverse Three-Step Test. Marquette Intellectual Property Law Review, Vol. 9, p. 1, Spring 2005. Available at SSRN: https://ssrn.com/abstract=499924