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LW 659 TRADING IN DIGITAL GOODS AND SERVICE

LW 659 TRADING IN DIGITAL GOODS AND SERVICE. A PRESENTATION ON THE AUDIOVISUAL SERVICES SECTOR UNDER THE GENERAL AGREEMENT ON TRADE IN SERVICES (GATS) BY WAFA AL – ZGHAIBI & FRANCISCA AIHEVBA. CLASSIFICATION OF THE AUDIO VISUAL SERVICES SECTOR.

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LW 659 TRADING IN DIGITAL GOODS AND SERVICE

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  1. LW 659TRADING IN DIGITAL GOODS AND SERVICE A PRESENTATION ON THE AUDIOVISUAL SERVICES SECTOR UNDER THE GENERAL AGREEMENT ON TRADE IN SERVICES (GATS) BY WAFA AL – ZGHAIBI & FRANCISCA AIHEVBA

  2. CLASSIFICATION OF THE AUDIO VISUAL SERVICES SECTOR • Services Sectoral Classification List (MTN.GNS/W/120) • Section 2 - Communications Services • Sub section D – Audio Visual Services 1. Motion picture and video tape production and distribution services (CPC 9611); 2. Motion picture projection service (CPC 9612); 3. Radio and television services (CPC 9613); 4. Radio and television transmission services (CPC 7524); 5. Sound recording 6. Others (e.g. the contents of multimedia products).

  3. IMPORTANCE OF THE AUDIOVISUAL SECTOR TO ELECTRONIC COMMERCE • Nature of Electronic trade • No borders • Time • Distribution • Interactivity • Alternative Product development of internet based services • Internet Showrooms • Digitalization of Content

  4. DISTINCTION BETWEEN TELECOMMUNICATIONS SERVICES AND AUDIOVISUAL SERVICES • Results of technological advancement in the provision of Telecommunication Services • Radio and Television Transmission Services (CPC 7524) • Commitments involving programming content are classified under audiovisual services, • Commitments purely involving the transmission of information are classified under telecommunications. • GATS Annex on Telecommunications

  5. REGULATION OF COMPETITION IN THE AUDIOVISUAL SERVICES UNDER THE GATS • Article VIII and IX of the GATS • Article VIII (1) - protects monopoly suppliers but they are obliged to act in a manner consistent with the commitments and obligations of their member states. • Article VIII (2) - prevents an abuse of monopoly position where a monopoly supplier is competing with other suppliers. • Article VIII (3) -power of the Council for Trade in Services to request specific information concerning relevant operations. • Article VIII (5) -regulation of suppliers in the event that competition where it is restricted by the presence of a few suppliers in the relevant territory. • Article IX - prevents anti- competitive business practices

  6. MEMBER STATES’ COMMITMENTS AND RESTRICTIONS IN THE AUDIOVISUAL SECTOR • The nature of Audio visual services • Indicators of the social and cultural characteristics of individual member states • The desire of member states to personally regulate the Audiovisual sector and services classed as Audiovisual services. • As a results very few member Countries are willing to make commitments in the Audiovisual Sector • Many member Countries took exemptions to the MFN Obligation • Commitments made in the Audiovisual Sector under the Uruguay Round • 13 countries initially made Commitments • Due to subsequent accessions, a total of 19 Commitments made so far. • Restrictions on Market Access, particularly concerning Mode 4 of the modes of Supply.

  7. Commitments in the Audio visual Sector by Modes of Supply Full = No Limitations Part = Specific Limitations No = No Commitments

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