definiens: shall mean efforts that are not less than those discovery, research, development or commercialization efforts a Party makes with respect to other compounds or products in itsportfolio at a similar stage of development or in a similar stage of product life, with similar developmental risk profilesand of similar market and commercial potential, based on conditions then - prevailing and taking into account all otherrelevant factors including issues of safety and efficacy, the nature and extent of market exclusivity ( includingregulatory exclusivity and the patent and other proprietary position of the product ), product labeling or anticipatedlabeling, performance of other products that are of similar market potential and the likely timing of other product’sentry into the market, costs, timing, and the likelihood of success of technology transfer, process development andmanufacturing validation and scale - up, the likelihood and cost of obtaining regulatory approval and of the anticipatedor actual approved labeling, financial return, medical and clinical considerations, regulatory environment, theregulatory structure involved, and other relevant scientific, technical and commercial factors