Copyrights. The three-step test. Striking a balance between rights

Exceptions can be used from the TRIPS legislative design and structure for striking a balance between different rights and interests, for example between the interest to, on the one hand, promote and reward inventions in the form of IPRs, and on the other hand provide and supply access to the general public. With regards to copyrights under the Berne convention and TRIPS, the rhetoric for “public interest” exception lies in the Berne Article 9.2 and TRIPS Article 13.

The 3-step test is a clause that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights, basically establishing the legal parameters for reproducing a work. Under Berne Article 9.2, the 3-step test is defined as the following: “It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.”