On the Three-Step Test
First WIPO Interregional Meeting on South -South Cooperation on Intellectual Property (IP) Governance; Genetic Resources, Tradit ional Knowledge and Folklore (GRTKF) and Copyright and Related Rights jointly organized by the World Intellectual Property Organization (WIPO) and the Government of Brazil Brasilia, August 8 to 10, 2012 Copyright, b alancing of interests , and developing countries Dr. Mihály Ficsor, Chairman, Central and Eastern European Copyright Alliance (CCECA) former Assistant Director General of WIPO I. RELEVANT INTERNATIONAL NORMS M. Ficsor, Brasilia, August 8-10, 2012 2 Three „layers” – and a half – of the international copyright and related rights norms First „layer”: Berne Convention orginially adopted in 1886, regularly revised ; for the last time in 1971 (administered by WIPO) and the Rome Convention adopted in 1961 (jointly administered by WIPO, UNESCO and ILO). Second „layer”: TRIPS Agreement adopted in 1994 (administered by WTO). Third „layer”: WIPO „Internet Treaties”: the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) adopted in 1996 and the Beijing Treaty on Audiovisual Performences (BTAP) adopted in June 2012 The half layer: „guided development period” (1975 to 1988) M. Ficsor, Brasilia, August 8-10, 2012 3 Berne Convention (1) Specific exceptions and limitations: Access to information : free use official texts of a legislative, administrative and legal nature (Art. 2(4)), political speeches and speeches delivered in legal proceedings (Art. 2 bis (1)), and – for informatory purposes – lectures and addresses delivered in public; free re-use of articles and broadcast works on current economic, political or religious topics (Art. 10 bis (1)) and (Art.10 bis (2)). Freedom of speech, research and criticism : free quotation (Art.
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