definiens: shall mean all rights, title, and interest in ( i ) all intellectual property ( e.g., patent rights, copyrights, trade secrets, know - how, and data ) ( 1 ) arising out of either Paity 's or McGill 's performance under the Research Program or ( 2 ) arising out of work done by tEGERAor McGill which has been funded by CURlS underthis Agreement and ( ii ) all tangible property ( e.g., materials and products ) ( i ) arising out of either Party 's or McGill 's performance under the Research Program or ( ii ) arising out of work done by JEGERA ' or McGill which has been funded by CURlS under this Agreement 1.8 or shall mean possessiou of the ability to grant the rights as provided for herein without violating the terms of any agreement or other arrangement with any Third Paity