(1) Royalties arising in a Contracting State and beneficially owned by the resident of the other Contracting State shall be taxable only in that other State.
(2) The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, any patent, trademark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience.
(3) The provisions of paragraphs (1) shall not apply if the recipient of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed place situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed place. In such case the provisions of Article 8, or Article 15 of this Agreement shall apply.
(4) Royalties shall be deemed to arise in a Contracting State when the payer is a resident of the Contracting State. Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed place in connection with which the liability to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed place, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed place is situated.
(5) Where, by reason of a special relationship between the payer and the recipient or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the recipient in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement.