Maximising Permissible Exceptions to Intellectual Property Rights

Much attention has been paid in recent times by academics and policy-makers to the issue of exceptions to IP rights, and in particular to the issue of the extent to which the ‘three-step test’ in international treaties restrict the ability of national legislatures to introduce new exceptions to IP rights. Unfortunately, much of the published discussion on this topic suffers from a failure to properly conceptualize the nature of exceptions to IP rights. This chapter seeks to remedy some of these failures. In particular, it seeks to provide a reasoned conceptualization of the nature of exceptions and limitations. Then, building on that conceptualization, this chapter offers an insight into how, in a practical manner, a national legislature can maximize the scope of permissible activities in respect of IP rights while remaining compliant with the three-step test.