definiens: means the budget for each year ’s Research Plan determined by the Management Committee inaccordance with clause 8 ; means all know - how, financial information and other information in whatever form, including unpatented inventions, trade secrets, documents, formulae, graphs, drawings, designs, biologicalmaterials, samples, devices, models and other materials of whatever description, which a Party claims isconfidential to itself and includes all other such information that may be in the possession of a Party ’s employees ormanagement . The following are exceptions to such information : ( a)information which is already in the public domain ; ( b)information which hereafter becomes part of the public domain otherwise than as a result of an unauthoriseddisclosure by the recipient Party or its representatives ; ( c)information which is or becomes available to the recipient Party from a third party lawfully in possession ofsuch information and who has the lawful power to disclose such information to the recipient Party on a non - confidential basis ; ( d)information which is rightfully known by the recipient Party ( as shown by its written record ) prior to the date ofdisclosure to it hereunder ; or ( e)information which is independently developed by an employee of the recipient Party who has no knowledge ofthe disclosure under this Agreement ; means the date this Agreement is made ; in relation to Technology, includes : ( a)where the Technology is a product, to make, hire, sell or otherwise dispose of that product, offer to make, sell, hire or otherwise dispose of it, use or import it, or keep it for the purpose of doing any of those things ; or ( b)where the Technology is know - how, a method or process, to use that know - how, method or process or do anyact mentioned in paragraph ( a ) in respect of a product resulting from such use