Академический Документы
Профессиональный Документы
Культура Документы
T.G.Agitha
International mandate
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Interpretation of Three-Step
Test
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India opposed introduction of three-step test demanded compulsory general license similar to
Article 11bis (2) B.C for the educational and cultural
development of newly independent colonies like India
Compulsory general licensing granting of C.L of
already published works on two simple conditions: 1)
refusal to grant license by author/owner, 2) payment
of compensation fixed by competent authority
India feared that three-step test may restrict
compulsory licensing scope
Indias demand was rejected, but open-ended threestep test was accepted as a compromise formula
No explicit reference to compulsory license
But it was accepted among the members that
compulsory licensing is permissible under the third
step
preparatory documents and the commentators
concurred that the harm may be rendered
reasonable if the author is compensated including by
means of compulsory license
Thus compulsory license formed part of Berne acquis
of three-step provision
Berne Appendix
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Appendix
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Applicable to right of
reproduction and
translation
Troublesome procedure
Conditions like withholding
etc. are not applicablesimple condition- payment
of compensation
Three-step
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Under TRIPS
coverage is extended
No troublesome
procedures
Has to satisfy first
two tests
Section 31 (1)(a)
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General provision
Does not fall within the scope of the Berne appendix
(validity has to be tested against the three-step test)
But its application is limited to Indian works
The only ground for issuing compulsory license
under it is withholding the work from the public
It is paradoxical in view of the Indian position in
international negotiations demanding a provision
assuring availability of foreign works at affordable
rate for developing countries
Section 31 (1)(a)
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Sections 32, 32 A, 32 B
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Conditions
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Waiting period
Grace period
out dated works
Strict stipulations with respect to recording
refusal by the copyright owner
Risk of termination of license on the
authors/owners entering into market
himself.
Sections 32, 32 A, 32 B
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Conclusion
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Conclusion
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