Non-Discriminatory Treatment of Digital Products. The Parties affirm their level of commitments relating to non-discriminatory treatment of digital products, in particular, but not exclusively:
1. No Party shall accord less favourable treatment to digital products created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of another Party, or to digital products of which the author, performer, producer, developer or owner is a person of another Party, than it accords to other like digital products. 1 F/n 1: For greater certainty, to the extent that a digital product of a non-Party is a “like digital product”, it will qualify as an “other like digital product” for the purposes of this paragraph.
Non-Discriminatory Treatment of Digital Products. 1. Neither Party shall accord less favourable treatment to a digital product created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of the other Party, or to a digital product of which the author, performer, producer, developer or owner is a person of the other Party, than it accords to other like digital products.
2. Paragraph 1 shall not apply to the extent of any inconsistency with the rights and obligations in the TRIPS Agreement or with Chapter 13 (Intellectual Property).
3. The Parties understand that this Article does not apply to subsidies or grants provided by a Party including government-supported loans, guarantees and insurance.
4. This Article shall not apply to broadcasting.
Non-Discriminatory Treatment of Digital Products. 1. Unless otherwise specified in its List of Reservations referred to in Articles 57 and 90, which shall apply mutatis mutandis, each Party shall:
(a) not adopt measures that accord less favourable treatment to digital products of the other Party than it accords to its own like digital products. When a Party identifies a measure of such nature that has been adopted before the entry into force of this Agreement and is maintained by the other Party, that other Party shall endeavour to eliminate it; and
(b) not adopt or maintain measures that accord less favourable treatment to digital products of the other Party than it accords to like digital products of a non-Party.
2. In implementing its obligations under paragraph 1, each Party shall, in good faith, determine whether a digital product is a digital product of a Party, of the other Party or of a non-Party. Such determination shall be made in a transparent, objective, reasonable and fair manner.
3. Each Party shall, upon request by the other Party, explain how it determines the origin of a digital product in implementing its obligations under paragraph 1.
4. The Parties shall cooperate in international organisations and fora to xxxxxx the development of criteria determining the origin of a digital product, with a view to considering the incorporation of such criteria into this Agreement.
5. The Parties shall review this Article five years after the date of entry into force of this Agreement, unless they agree otherwise.
Non-Discriminatory Treatment of Digital Products. 1. Neither Party shall accord less favorable treatment to a digital product created, produced, published, contracted for, commissioned, or first made available on commercial terms in the territory of the other Party, or to a digital product of which the author, performer, producer, developer, or owner is a person of the other Party, than it accords to other like digital products.7
2. This Article does not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance.
3. For greater certainty, nothing in this Article prevents a Party from adopting or maintaining measures that limit the level of foreign capital participation in an enterprise engaged in the supply of broadcasting8.
4. With respect to intellectual property rights, paragraph 1 shall not apply to the extent of any inconsistency with the rights and obligations in any bilateral agreement between the Parties with respect to intellectual property or, if no such bilateral agreement exists, with the rights and obligations in any international agreement with respect to intellectual property to which both Parties are party.
Non-Discriminatory Treatment of Digital Products. 1. Neither Party may accord less favourable treatment to some digital products than it accords to other like digital products:
(a) on the basis that the digital products receiving less favourable treatment are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in the Area of the other Party;
(b) on the basis that the author, performer, producer, developer, or distributor of such digital products is a person of the other Party; or
(c) so as to otherwise afford protection to other like digital products that are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in its Area. Note: Recognising the Parties’ objective of promoting bilateral trade, the term “some digital products” in paragraph 1 refers solely to those digital products created, produced, published, contracted for, or commissioned in the Area of the other Party, or digital products of which the author, performer, producer, or developer is a person of the other Party.
2. Neither Party may accord less favourable treatment to digital products:
(a) created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in the Area of the other Party than it accords to like digital products created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in the Area of a non-Party; or
(b) whose author, performer, producer, developer, or distributor is a person of the other Party than it accords to like digital products whose author, performer, producer, developer, or distributor is a person of a non-Party.
3. Paragraphs 1 and 2 do not apply to:
(a) non-conforming measures adopted or maintained by a Party in accordance with Article 9.7 (Trade in Services - Non-Conforming Measures) or 14.10 (Investment - Non-Conforming Measures and Exceptions);
(b) the extent that they are inconsistent with Chapter 16 (Intellectual Property);
(c) government procurement;
(d) subsidies provided by a Party or a state enterprise including grants, government-supported loans, guarantees, and insurance; and
(e) services supplied in the exercise of governmental authority, as defined in Article 9.2 (Trade in Services – Definitions).
4. For greater certainty, paragraphs 1 and 2 do not prevent a Party from adopting or maintaining measures, including measures in the audio-visua...
Non-Discriminatory Treatment of Digital Products. 1. No Party shall accord less favourable treatment to digital products created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of another Party, or to digital products of which the author, performer, producer, developer or owner is a person of another Party, than it accords to other like digital products.10bis
2. Paragraph 1 shall not apply to the extent of any inconsistency with a Party’s rights and obligations concerning intellectual property contained in another international agreement a Party is party to.
3. The Parties understand that this Article does not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance.
4. This Article shall not apply to broadcasting.
5. Notwithstanding paragraph 1, a Party may adopt or maintain any measure that accords differential treatment to digital products of another Party or a non-Party:
(a) under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of the Protocol to the Digital Economy Partnership Agreement signed between the Republic of Chile, New Zealand, and the Republic of Singapore on the 15th day of July 2023 for the Party adopting or maintaining the measure; or
(b) as part of a wider process of economic integration or trade liberalisation under any agreement referred to in subparagraph (a).” “10bis For greater certainty, to the extent that a digital product of a non-Party is a “like digital product”, it will qualify as an “other like digital product” for the purposes of this paragraph.”
Non-Discriminatory Treatment of Digital Products. 1. Neither Party shall adopt or maintain: (a) measures that accord less favorable treatment to digital products of the other Party than it accords to its own like digital products; and (b) measures that accord less favorable treatment to digital products of the other Party than it accords to like digital products of a non-Party.
2. Paragraph 1 shall not apply to: (a) government procurement; (b) subsidies provided by a Party or a state enterprise, including grants, government- supported loans, guarantees and insurance; (c) measures maintained by a Party in accordance with paragraph 2 of Article 7.4; (d) measures adopted or maintained by a Party within the scope of Article 7.3 or 7.5 which are: (i) related to the sectors not committed in its Schedule of Specific Commitments in Annex 6; or (ii) not inconsistent with the terms, limitations, conditions and qualifications agreed and specified in its Schedule of Specific Commitments in Annex 6; and (e) non-conforming measures adopted or maintained by a Party in accordance with Article 10.
Non-Discriminatory Treatment of Digital Products. Neither Party may accord less favorable treatment to some digital products than it accords to other like digital products:
Non-Discriminatory Treatment of Digital Products. 1. Neither Party may accord less favourable treatment to some digital products than it accords to other like digital products:
(a) on the basis that the digital products receiving less favourable treatment are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms outside its territory;
(b) on the basis that the author, performer, producer, developer, or distributor of such digital products is a person of the other Party or a non-Party; or
(c) so as to otherwise afford protection to other like digital products that are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in its territory.
2. Neither Party may accord less favourable treatment to digital products: (16-2)
(A) created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in the territory of the other Party than it accords to like digital products created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in the territory of a non-Party, or
Non-Discriminatory Treatment of Digital Products. The Parties affirm their level of commitments relating to Non-Discriminatory Treatment of Digital Products, for example:
1. No Party shall accord less favourable treatment to digital products created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of another Party, or to digital products of which the author, performer, producer, developer or owner is a person of another Party, than it accords to other like digital products.12
2. Paragraph 1 shall not apply to the extent of any inconsistency with a Party’s rights and obligations concerning intellectual property contained in another international agreement a Party is party to.
