definiens: means all trade secrets, confidential scientitic, lechnical and medical information . experimental results and expel1ise Ii'om time to lime developed, produced, cr ~ ated or acquired by or on behalf of Em is ph ere either prior 10 Ihe Effective Date and p ~ l1aining to the Program or during the lelm and in Ihe course or canying out the Program, including, but not limited to, un paten led inventions, discovcrics, Iheories, plans, ideas or designs ( whelher or not reduced to practice ) relating to Ihe research and developmen~ rcgi, tration for marketing, use, or sale of the Carriers Or products utilizing the Can'iers, preclinical toxicology and manufacnJring for Ihe Can'iers, and toxicological, phrumaeological, analytical wId clinical data, bioavailabili lY studies and fOlnllliations, control assays and speci r, cal ion, methods of preparation, and stabilily daw related ( hereto . To thc exlent tilat any oftlle items listed above are acquired by [COMPANY], they shall only rail within the delinitioll or Know - How hercunder to the cxtent to which ~lere are no obligalions or restrictions in respect of such irems which would prohibit disclosure by Emisph ~ re or use by [COMPANY] or [COMPANY]