Article 16.4
Non-Discriminatory Treatment of Digital Products
I ran into this today, essentially by way of the FTA it means that no US company can *not* delay the sale/release of digital products to the AU based on geography or *any* other reason.
So Steam (for eg) cannot release a game to AU later than the US, and potentially Microsoft cannot release Windows 7 later here than the US.
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-[5]
(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
(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 in accordance with Articles 10.6, 11.13, or 13.9;
(b) the extent that they are inconsistent with Chapter Seventeen (Intellectual Property Rights);
(c) subsidies or grants that a Party provides to a service or service supplier, including government-supported loans, guarantees, and insurance; and
(d) services supplied in the exercise of governmental authority, as defined in Article 1.2.22 (Definitions).
4. For greater clarity, paragraphs 1 and 2 do not prevent a Party from adopting or maintaining measures, including measures in the audio-visual and broadcasting sectors, in accordance with its reservations to Chapters Ten and Eleven.
I ran into this today, essentially by way of the FTA it means that no US company can *not* delay the sale/release of digital products to the AU based on geography or *any* other reason.
So Steam (for eg) cannot release a game to AU later than the US, and potentially Microsoft cannot release Windows 7 later here than the US.
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-[5]
(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
(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 in accordance with Articles 10.6, 11.13, or 13.9;
(b) the extent that they are inconsistent with Chapter Seventeen (Intellectual Property Rights);
(c) subsidies or grants that a Party provides to a service or service supplier, including government-supported loans, guarantees, and insurance; and
(d) services supplied in the exercise of governmental authority, as defined in Article 1.2.22 (Definitions).
4. For greater clarity, paragraphs 1 and 2 do not prevent a Party from adopting or maintaining measures, including measures in the audio-visual and broadcasting sectors, in accordance with its reservations to Chapters Ten and Eleven.