The objective of maintaining the balance between these groups of interest in Article 9 of
the Berne Convention and the three-step test was later incorporated in Article 9(1) of the TRIPS
Agreement, which requires its Members to comply with Articles 1 through 21 of the Berne
Convention (1971). In other words, the notion in Article 9 of the Berne Convention has been
incorporated into the TRIPS Agreement by reference and as a result WTO Members must also
comply with Article 9 of the Berne Convention. This notion was also embodied in Article 13 of
TRIPS which reiterates the wording of Article 9(2) of the Berne Convention. It permits WTO
Members to create exceptions to the exclusive rights provided under TRIPS but is also subject
to the three-step test in Article 13.10 In addition, the WTO Secretariat has stated that the TRIPS
Agreement aims to strike an appropriate balance by recognizing in Article 7 thereof that the
protection of intellectual property rights should contribute to the promotion of technological
innovation, the transfer and dissemination of technology, to the mutual advantage of users and
producers of technological knowledge and in a manner conducive to social and economic
welfare and to a balance of rights and obligations.11 It emphasizes that finding a balance in the
protection of copyright between the short-term interests in maximizing access and the long-term
interests in promoting creativity and innovation is the goal of the TRIPS Agreement. 12