Research On The Application Of "Three-Step Test" In Article 13 Of The Trips Agreement Under The Internet Environment

Since the WTO Panel has interpreted Article 13 of the TRIPS Agreement in the United States‘ Copyright Act Sec.110(5)dispute,the "three-step test" is interpreted as a restriction of copyright limitations.Its effect is to limit the excessive application of copyright exceptions and to protect the legitimate economic interests of the right holders.However,with the continuous advancement of digital technologies,public interests such as "freedom of speech" and "information sharing" have become increasingly prominent so that the traditional interpretation of the "three-step test" has been increasingly questioned.From the perspective of international law,the "three-step test" is a principle clause that examines whether the copyright limitation provisions are reasonable in the perspective of domestic laws of the members.Setting new limitations and exceptions in digital age cannot avoid the application of the "three-step test".From the domestic law,the "three-step test" can play a role of supplementary interpretation and supplemental application of the limitations and exceptions in the domestic copyright law of the members.Thus,it is necessary to re-interpret the "three-step test" of the TRIPS Agreement so that it can adapt to the development of internet technology.This article includes four sections.The first part summarizes the current researches on the "three-step test" and raises the question: how to apply the "three-step test" of Article 13 of the TRIPS Agreement under the Internet environment?The second part expounds the WTO panel's interpretation of Article 13 in the dispute case of the U.S.Copyright Law and its legal effect.We point out that although the interpretation of the panel is not mandatory applied,the previous explanations are often instructively influence the decision made in the following disputes.The third part first puts forward that because of the expansion of copyright rights in the digital age and the protection of the public interests in international treaties,the conflict between the exclusive rights of copyright holders and the public interests has become increasingly prominent.By comparing and analyzing the application of the "three-step test " and fair use system in the practice of Google cases in the United States,Spain and China,we point out that the "three-step test" as a flexible interpretation standard can make up for the vacancy and insufficiency of enumerated legislation.At the same time,we can make use of the four elements of U.S.?fair use? to further interpret the standard of the "three-step test".By re-interpreting the connotation of the "three-step test",the fourth part first clarifies the role of this provision in international perspective and domestic perspective.Second,by introducing the discussion of the "three-step test" in the reform of digital copyright law in the EU and Australia,we show that the "three-step test" has strong applicability in the network environment.Then we propose that the interpretation of "accumulated application" should be abandoned in the Internet environment,and that the application of the "three-step test" should be in conjunction with economic analysis and the United States' fair use system.