definiens: means a right or protection, granted by a Regulatory Authority or other governmental ( orsupranational ) authority in a jurisdiction in the Territory, providing, with respect to a Product : ( a ) marketing exclusivitythat prevents a Regulatory Authority from accepting an application submitted by a party other than LICENSEE ( or itsAffiliates or Sublicensees ), for a generic of the Product, including but not limited to exclusivity achieved through anydrug exclusivity designation by any national, supra - national ( e.g., the European Commission, the Council of theEuropean Union, or EMEA ), regional, state or local regulatory agency, department, bureau, commission, council or othergovernmental entity in the Territory ; ( b ) data protection for regulatory data submitted by LICENSOR, LICENSEE, ortheir Affiliates or licensees relating to the Product ; ( c ) a prohibition on reference, without the consent of the owner, to theclinical and other data that is contained in any application for marketing or regulatory approval ; ( d ) any other form ofmarket exclusivity, including but not limited to Patent Term Extensions or protection against unfair commercial use orpublic release consistent with, or no less stringent than, World Trade Organization TRIPS Article 39.3