definiens: shall mean [COMPANY] being alone in a certain market and/or together with the Innovator with respect to a Protein, and not limited to a specific Licensed Product, due to ( i ) the advantage provided by the Platform IP or the Protein IP ( only if stemming directly from the Platform IP ) which enables [COMPANY] to be in the market without infringing a valid patent of the Innovator, or ( ii ) proven clinical superiority as demonstrated by clinical or investigational studies except to the extent such superiority is derived solely from innovations, know - how or processes provided by [COMPANY] or other third parties . A Market Advantage shall automatically end with respect to a certain Protein upon expiry of the Innovator 's patent ( mentioned in ( i ) above ) or at such time as an additional player ( other than the Innovator or [COMPANY] ) enters the market with any product based on such Protein