Abstract: A considerable number of digital products in digital trade belong to cultural products, which are digital cultural products with both economic and cultural attributes. In the multilateral negotiations of the WTO, there are significant differences among members regarding market access for cultural products, which has prevented the WTO from forming specialized rules for cultural product trade. However, WTO rules can still provide limited regulation of market access for cultural products. In FTAs, there are usually two modes of market access for digital cultural products, namely the “non-discriminatory treatment plus limited exceptions” mode and the “cultural exceptions plus cultural cooperation protocol” mode, both of which have certain rationality. CPTPP和DEPA. CPTPP and DEPA adopt the first model, stipulating non-discriminatory treatment for digital products, while also providing exceptions for broadcasting based on cultural security considerations. The FTAs signed by China do not include non-discriminatory treatment clauses for digital products, and digital cultural products generally need to undergo content review before they can be displayed and traded in China. China should coordinate development and security, strive for domestic regulatory space for market access of digital cultural products, and gradually open up its market of digital cultural products.

Key Words: digital cultural products; digital products; cultural products; digital trade; CPTPP; DEPA

Author: Tan Guanfu, Ph.D. in Law, assistant research fellow, CASS Institute of Law; editor, Chinese Review of International Law;

Source: 1 (2025) Wuhan University International Law Review