definiens: shall mean ( i ) trademarks, trademark registrations, trademark applications, service marks, servicemark registrations, service mark applications, business marks, brand names, trade names, trade dress, names, logos and slogansand all goodwill associated therewith ; ( ii ) patents, patent rights, provisional patent applications, patent applications, designs, registered designs, registered design applications, industrial designs, industrial design applications and industrial designregistrations, including any and all divisions, continuations, continuations - in - part, extensions, substitutions, renewals, registrations, revalidations, reexaminations, reissues or additions, including supplementary certificates of protection, of or toany of the foregoing items ; ( iii ) copyrights, copyright registrations, copyright applications, original works of authorship fixedin any tangible medium of expression, including literary works ( including all forms and types of computer software, includingall source code, object code, firmware, development tools, files, records and data, and all documentation related to any of theforegoing ), musical, dramatic, pictorial, graphic and sculptured works ; ( iv ) trade secrets, technology, discoveries andimprovements, know - how, proprietary rights, formulae, confidential and proprietary information, technical information, techniques, inventions, designs, drawings, procedures, processes, models, formulations, manuals and systems, whether or notpatentable or copyrightable, including all biological, chemical, biochemical, toxicological, pharmacological and metabolicmaterial and information and data relating thereto and formulation, clinical, analytical and stability information and datawhich have actual or potential commercial value and are not available in the public domain ; and ( v ) all other intellectualproperty or proprietary rights, in each case whether or not subject to statutory registration or protection