The Marrakesh Treaty leaves Contracting Parties free to implement the Treaty’s provisions in accordance with their own legal systems and practices, including how to identify “fair practices, fair conduct or fair dealing”, subject to the three-step test obligations imposed on them by other treaties. The three-step test is a fundamental principle for determining whether an exception or limitation is permitted under international copyright and related rights norms. It includes three elements: any exception or limitation should be limited to certain special cases; it should not conflict with a normal exploitation of the work; and it should not unreasonably prejudice the legitimate interests of right holders.
Parties to the Marrakesh Treaty do not require membership of other international copyright treaties; membership is open to WIPO member states and the European Community. However, Contracting Parties receiving accessible format copies that are not obliged to apply the three-step test under Article 9 of the Berne Convention must ensure that the accessible format copies are not redistributed outside their jurisdiction. Furthermore, cross-border transfers by authorized entities are not permitted unless the Contracting Party that produced the accessible copy is a party to the WIPO Copyright Treaty or otherwise applies the three-step test to limitations and exceptions implementing the Marrakesh Treaty.
The Marrakesh Treaty requires the World Intellectual Property Organization to establish an “Information Contact Point” for voluntary information sharing to facilitate the identification of authorized entities. The World Intellectual Property Organization is also required to share information on the role of the treaty. In addition, the contracting parties commit to help their respective authorized entities participate in cross-border transfer arrangements. The treaty establishes a Conference of the Parties, whose main task is to deal with matters concerning the maintenance and development of the treaty. The treaty also entrusts the WIPO Secretariat with the administrative work of the treaty.
Of the more than 80 countries that have signed the treaty, 50 countries have ratified the treaty. my country signed the treaty on June 28, 2013, but has not yet ratified it.
The Marrakesh Treaty puts forward relatively detailed legislative requirements for contracting parties. Contracting parties must provide for various copyright limitations and exceptions in domestic laws to facilitate access to works for visually impaired people. China is also actively revising and improving the Copyright Law and other relevant laws and regulations in order to ratify the treaty to ensure compliance with the requirements of the treaty.