349. We thank the delegation of South Africa for introducing this proposal. The submission seeks to initiate discussions on the relationship between the TRIPS Agreement and the three-step test for application of exceptions and limitations to copyright, as contained in Article 13 of the TRIPS Agreement. The 3-step test originally applied under the Berne Convention, allowed the national laws to carve out exceptions to the exclusive right of reproduction of a copyright- protected work by the copyright owner.
350. We agree with the approach of the submission that access to information is critical to achieving many fundamental objectives, including education, scientific progress, research, formats of work for the reading and print disabled, etc. While recognizing the need to protect the legitimate interests of authors and other right holders, the paper rightly notes that the TRIPS Agreement has "room to manoeuvre" with respect to the implementation of its obligations, including in the area of promoting access to knowledge, culture, education and development as well as other overarching public policy objectives. The Agreement gives enough leeway for the signatory countries to enact the copyright law in their municipal jurisdictions concerning use of copyrighted works for purposes of dissemination of knowledge. Thus, there is considerable flexibility in how a Member may apply the principles in their domestic laws.
351. Lastly, we want to mention that Members need time to respond to the questions raised in the submission. Therefore, the issue should be kept open for inputs/experiences to be shared by Members in subsequent meetings of the TRIPS Council.