6Definition of software

6 Definition of software

(1) Software includes: (a) software in the form of a combination of goods and intellectual property or know‑how; and (b) services provided in relation to software such as management or maintenance of software. (2) However, to be software, a product must be, or include, intellectual property in the form of copyright. (3) Goods, intellectual property or know‑how, or services, that, alone or in combination, constitute software are treated for the purposes of this instrument as software and not as goods, intellectual property or know‑how, or services.