Jump to ContentJump to Main Navigation
The Development AgendaGlobal Intellectual Property and Developing Countries$
Users without a subscription are not able to see the full content.

Neil Weinstock Netanel

Print publication date: 2008

Print ISBN-13: 9780195342109

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195342109.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 February 2020

Contours of an International Instrument on Limitations and Exceptions *

Contours of an International Instrument on Limitations and Exceptions *

Chapter:
(p.473) 20 Contours of an International Instrument on Limitations and Exceptions*
Source:
The Development Agenda
Author(s):

P. Bernt Hugenholtz

Ruth L. Okediji

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195342109.003.0020

This chapter examines policy options and modalities for framing an international instrument on limitations and exceptions to copyright within the treaty obligations of the current international copyright system. It considers this international copyright acquis as the general starting point and evaluates options for the design of such an instrument, including questions of political sustainability and institutional home. Section I sketches the rationales for a multilateral approach to the question of limitations and exceptions. Section II explores flexibilities inside the international copyright acquis, reviews the three-step test, and assesses its import for the validity of a proposed international instrument on L&Es, particularly given the expansion of the test in the TRIPS Agreement and the interpretive jurisprudence of the WTO dispute panels. Finally, section III sets out in preliminary fashion the basic contours of a multilateral instrument on L&Es.

Keywords:   copyright, international copyright, Berne Convention, TRIPS Agreement, three-step test, soft law, wiggle room

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .