364. Switzerland would like to thank South Africa for its communication IP/C/663 concerning the copyright three-step test for exceptions and limitations. 365. The so-called "three-step test" is a key concept in copyright law and is found, in slight variation, in a number of international agreements. The main question that South Africa raises for discussion in its submission in relation to the three-step test is a question of interpretation of Article 13 of the TRIPS Agreement. 366. However, in the WTO system, the legal interpretation of treaty provisions, including Article 13 of the TRIPS Agreement, is the role of the WTO Dispute Settlement Body, to be applied in a specific case of dispute resolution. 367. Questions concerning the interpretation and application of the three-step test in Article 13 of the TRIPS Agreement are thus not within the competence of the TRIPS Council but are solely the authority of the Dispute Settlement Body.
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