Thirdly, the recognition of Section

Thirdly, the recognition of Section 32(1) as a general exception would lead to additional
problems when the Thai courts attempt to interpret the two conditions, given that they are the
same as the three-step test in the Berne Convention and the TRIPS Agreement, hence an
interpretation already exists by the relevant international body, the WTO Panel. If the Thai
court were to interpret these two conditions contrary to the findings of the WTO Panel, such
decisions would be subject to challenge from other countries. Even if the Thai court attempted
to interpret these conditions consistent with the findings of the WTO Panel, the problem of the
clarity and the uncertainty of the provision still remain, because the WTO Panel interpreted the
three-step test broadly, so there remain doubts about the meaning of the test.