Article 1505: Definitions

For purposes of this Chapter:

Designate means to establish, designate or authorize, or to expand the scope of a monopoly to cover an additional good or service, after the date of entry into force of this Agreement;

Discriminatory provision includes treating:

Government monopoly means a monopoly that is owned, or controlled through ownership interests, by the federal government of a Party or by another such monopoly;

In accordance with commercial considerations means consistent with normal business practices of privately held enterprises in the relevant business or industry;

Market means the geographic and commercial market for a good or service;

Monopoly means an entity, including a consortium or government agency, that in any relevant market in the territory of a Party is designated as the sole provider or purchaser of a good or service, but does not include an entity that has been granted an exclusive intellectual property right solely by reason of such grant;

Non-discriminatory treatment means the better of national treatment and most favored nation treatment, as set out in the relevant provisions of this Agreement; and

State enterprise means, except as set out in Annex 1505, an enterprise owned, or controlled through ownership interests, by a Party.