Journal article
A comparative analysis of the three-step tests in international treaties
AF Christie, R Wright
IIC International Review of Intellectual Property and Competition Law | SPRINGER HEIDELBERG | Published : 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 s..
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Awarded by Australian Research Council
Funding Acknowledgements
This article details research that was supported by the Centre for Media and Communications Law at the Melbourne Law School, and by the Australian Research Council through its Linkage Project scheme as part of the project ''Cultural Collections, Creators and Copyright: Museums, Galleries, Libraries and Archives and Australia's Digital Heritage'' (Andrew Kenyon and Andrew Christie, LP0669566). The input of Jurgen Kurtz, Melbourne Law School, the suggestions of Christophe Geiger, Centre d'Etudes Internationales de la Propriete Intellectuelle, and the comments of the anonymous referees, are gratefully acknowledged.