definiens: means all non - public proprietary Intellectual Property or other non - public information(whether or not patentable ) regarding a Party ’s or its Affiliates ’ research, Development, Manufacturing andCommercialization activities and such Party ’s and its Affiliates ’ technology, products, business information andobjectives, which is designated as confidential by the disclosing Party prior to or at the time any such IntellectualProperty or other information is disclosed by the disclosing Party to the other Party . Notwithstanding the foregoing, Intellectual Property or other non - public information that is orally, electronically or visually disclosed by a Partywithout a written designation of confidentiality shall constitute Confidential Information of a Party : ( i ) if the disclosingParty, within thirty ( 30 ) days after such disclosure, delivers to the other Party a written document summarizing theIntellectual Property or other information, designating the same as confidential, or ( ii ) if such information is of the typethat is customarily considered to be confidential information by Persons engaged in activities that are substantiallysimilar to the activities being engaged in by the Parties . Confidential Information does not include information that(i ) was known or used by the receiving Party prior to its date of disclosure to the receiving Party, as demonstrated bylegally admissible evidence available to the receiving Party ; ( ii ) either before or after the date of the disclosure to thereceiving Party is lawfully disclosed to the receiving Party by sources ( other than the disclosing Party ) rightfully inpossession of the Confidential Information and not bound by confidentiality obligations to the disclosing Party;(iii ) either before or after the date of the disclosure to the receiving Party becomes published or generally known to thepublic through no fault or omission on the part of the receiving Party ; or ( iv ) is independently developed by or for thereceiving Party without access to, reference to or reliance upon the Confidential Information, as demonstrated bycompetent written records . Notwithstanding the foregoing, any technical or business information of a Party or itsAffiliates disclosed at a meeting of the JDC or PDC shall constitute Confidential Information of a Party unlessotherwise specified in writing