Secondly, since the two conditions in Section 32(1) are the same as the second and third
conditions of the three-step test in Article 13 of the TRIPS Agreement and Article 9(2) of the
Berne Convention, the recognition of Section 32(1) as a general exception seems to be
inconsistent with the object of the three-step test. This is because the main objective of the
three-step test is to impose constraints on the exceptions to exclusive rights in national
copyright laws, but it is not in itself a copyright exception. Thus, the recognition of the two
conditions as a general exception under the Thai CA 1994 is seemingly contrary to the objective
of the three-step test.