Towards a New Core International Copyright Norm: The Reverse Three-Step Test
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.
Intellectual Property Law | International Law
Date of this Version
Daniel J. Gervais, "Towards a New Core International Copyright Norm: The Reverse Three-Step Test" (March 24, 2004). bepress Legal Series. bepress Legal Series.Working Paper 214.