Similarly, the objective in Article 9 of the Berne Convention and the three-step test
were incorporated into the WIPO Copyright Treaty (WCT) by reference. Pursuant to Article 1
of the WCT, the contracting parties shall comply with Articles 1 to 21 of the Berne Convention.
Like the TRIPS Agreement, the WCT not only requires its contracting parties to comply with
Article 9 of the Berne Convention by reference, but also reiterates the words of Article 9(2) in
its Article 10, so that contracting parties may provide for national exceptions to the rights
granted to authors of the works under the WCT, but that such exceptions shall nevertheless be
subject to the control of the three-step test embodied in Article 10. 13 Moreover, the preamble to
the WCT clarifies that the contracting parties shall recognize: ‘The need to maintain a balance
between the rights of authors and the larger public interest, particularly education, research and
access to information, as reflected in the Berne Convention’. 14
Similarly, the objective in Article 9 of the Berne Convention and the three-step test
were incorporated into the WIPO Copyright Treaty (WCT) by reference. Pursuant to Article 1
of the WCT, the contracting parties shall comply with Articles 1 to 21 of the Berne Convention.
Like the TRIPS Agreement, the WCT not only requires its contracting parties to comply with
Article 9 of the Berne Convention by reference, but also reiterates the words of Article 9(2) in
its Article 10, so that contracting parties may provide for national exceptions to the rights
granted to authors of the works under the WCT, but that such exceptions shall nevertheless be
subject to the control of the three-step test embodied in Article 10. 13 Moreover, the preamble to
the WCT clarifies that the contracting parties shall recognize: ‘The need to maintain a balance
between the rights of authors and the larger public interest, particularly education, research and
access to information, as reflected in the Berne Convention’. 14
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