definiens: shall mean all technical, business and other information, whether tangibleor intangible, including ( without limitation ) any and all data, techniques, discoveries, inventions, processes, know - how, patent applications, inventor certificates, trade secrets, methods of production and otherconfidential or proprietary information, that either Party or any Affiliate of a Party has ownership rights to ( aseither owner, licensee or sub - licensee ), or may hereafter obtain ownership rights to, and discloses to the otherParty . All Confidential Information disclosed by either Party or its Affiliates to the other Party or its Affiliatespursuant to the Prior Agreement shall be deemed to be the disclosing Party ’s Confidential Informationhereunder . The Parties agree to either ( a ) clearly mark the term upon writtenConfidential Information, or ( b ) in the case of oral disclosure of Confidential Information, to confirm theconfidential or proprietary nature of such Confidential Information in a writing prior to such disclosure or within [ * * * ] following such disclosure