Berne 3-Step Test
From HAKItree
The Berne 3-step test is a clause that is included in several international treaties on intellectual property. It imposes constraints on the possible limitations and exceptions to exclusive rights under the Copyright Law.
The test is included in Article 13 of the Agreement on Trade-Related Aspects of Intellectual Property Rights TRIPs:
Members shall confine limitations and exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rights holder.
The 3-step test can also be found in:
- Article 10 of the WIPO Copyright Treaty
- Article 6(3) of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs
- Article 6(3) of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases
- Article 5(5) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.
