The proposed amended settlement in the Google Book case has been the focus of numerous comments and critiques. This “perspective” reviews the compatibility of the proposed settlement with the TRIPS Agreement and relevant provisions of the Berne Convention that were incorporated into TRIPS, in particular the no-formality rule, the most-favored nation (MFN) clause, national treatment obligations, and the so-called three-step test, which constrains the ability of WTO Members to provide new exceptions and limitations to copyright rights.
Monday, May 24, 2010
Gervais: The Google Book Settlement and the TRIPS Agreement
Daniel J. Gervais (Vanderbilt Univ. - Law) has posted The Google Book Settlement and the TRIPS Agreement (Stanford Technology Law Review, forthcoming). Here's the abstract:
