Intellectual Property

Article 10 of the Berne Convention and the Three Step Test (Part 3)

In my last post, I examined the interface between Articles 9(2) and 10 of the Berne Convention. In that post, I concluded with the view that Article 10 is distinct from and not subject to the requirements of Article 9(2) of the Berne Convention. I also raised a question about the impact of Article 13… Continue reading Article 10 of the Berne Convention and the Three Step Test (Part 3)

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Intellectual Property

Article 10 of the Berne Convention and the Three Step Test (Part 2)

In my previous post, I introduced Article 10 of the Berne Convention. In this post, I want to focus on Article 9(2) of the Berne Convention which contains what has become known as the three step test. Article 9(2) of the Berne Convention provides that: “It shall be a matter for legislation in the countries… Continue reading Article 10 of the Berne Convention and the Three Step Test (Part 2)

Intellectual Property

Article 10 of the Berne Convention and the Three Step Test (Part 1)

I want to start a series of posts on the relationship between Article 10 of the Berne Convention and the ‘Three Step Test.’ The Berne Convention for the Protection of Literary and Artistic Works (simply known as the Berne Convention) is the first multilateral agreement on copyright and it has been revised a number of… Continue reading Article 10 of the Berne Convention and the Three Step Test (Part 1)