The Three-Step Rule as an Enabling and Judicial Interpretation Norm: Need for its Implementation in Cuba

Authors

  • Ana María Pereda Mirabal Universidad de Pinar del Río

Abstract

In this paper, a technical and legal systematization of the three-step rule is made, which puts on the table for discussion the need to implement it in the Cuban authorial norm to safeguard the balance between copyright and the rights of the recipients of works of intellectual creation. Also known as the three-step test, the three-step test or the triple criterion, it is framed within the most controversial and least studied categories of copyright. Its usefulness as an enabling norm is unanimously accepted, but its practical use as a judicial criterion is extremely controversial. Theoretical-legal and empirical methods such as documentary review were used for the study, all of which allowed obtaining as a result the contribution of advanced doctrinal criteria that substantiate the need and possibility of incorporating the rule into Cuban reality.

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Published

2021-05-26

How to Cite

Pereda Mirabal, A. M. (2021). The Three-Step Rule as an Enabling and Judicial Interpretation Norm: Need for its Implementation in Cuba. Revista De La Abogacía, (65). Retrieved from https://ojs.onbc.cu/index.php/revistaonbc/article/view/47

Issue

Section

Artículos científicos
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