H.E. Ambassador Lundeg Purevsuren

Chinese Taipei

13 INTELLECTUAL PROPERTY AND THE PUBLIC INTEREST: THE WTO TRIPS AGREEMENT AND THE COPYRIGHT THREE-STEP TEST

352.   As regards the three-step test, does it involve individual, independent, and accumulative assessment of the requirements where each of which has to be fulfilled? Or are the requirements considered collectively and assessed as a whole? In practice, we generally assess each requirement individually and every requirement has to be fulfilled. That said, we will continue to pay close attention to the development of interpretations globally. 353.   Besides, copyright limitations are prescribed in Articles 44 through 65 of our Copyright Act. For instance, the "case-specific limitations/exceptions" may apply only when the stipulated requirements are fulfilled. In addition, Article 65 provides "general copyright limitations/exceptions" which addresses circumstances of fair use not prescribed in Articles 44 through 64 and it allows for assessment of individual cases by taking into account all the possible factors/scenarios. We had taken into account the principle of the three-step test at the time of legislation, and by so doing we have fulfilled the TRIPS requirement.

The Council took note of the statements made.

42.   The Chair said that the item had been put on the agenda at the request of South Africa. A communication had been circulated in document IP/C/W/663. He invited South Africa to introduce the item.
43.   The representative of South Africa took the floor.
44.   The representatives of India; Chinese Taipei; Indonesia; China; the United States of America; Switzerland; and South Africa took the floor.
45.   The Council took note of the statements made.

IP/C/M/94, IP/C/M/94/Add.1