Thirdly, inserting the conditions of the three-step test into the national copyright
legislation, as a means to comply with Article 9 of the Berne Convention and Article 13 of the
TRIPS Agreement and then regarding them as copyright exceptions in their own right, is not the
best mode of implementation. In this instance, the Thai legislators clearly chose a convenient
way to ensure that the CA 1994 fully complied with the obligation under the TRIPS Agreement
by simply inserting the second and third conditions of the three-step test into the Act and then
regarding them as preconditions to all copyright exceptions. This leads to additional problems
since the meaning of the two conditions is unclear, thus affecting the operation of other
exceptions in the Act, which normally require the two preconditions to be satisfied together
without other additional conditions.
Thirdly, inserting the conditions of the three-step test into the national copyright
legislation, as a means to comply with Article 9 of the Berne Convention and Article 13 of the
TRIPS Agreement and then regarding them as copyright exceptions in their own right, is not the
best mode of implementation. In this instance, the Thai legislators clearly chose a convenient
way to ensure that the CA 1994 fully complied with the obligation under the TRIPS Agreement
by simply inserting the second and third conditions of the three-step test into the Act and then
regarding them as preconditions to all copyright exceptions. This leads to additional problems
since the meaning of the two conditions is unclear, thus affecting the operation of other
exceptions in the Act, which normally require the two preconditions to be satisfied together
without other additional conditions.
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