definiens: means any information provided by one Party to another inconnection with this Agreement ( whether before or after the Effective Date ), including the terms of this Agreement ; provided, however, ( a ) all Product - Specific Inventions shall be Confidential Information of GPC Biotech, ( b ) all GPC BiotechRegulatory Documentation shall be Confidential Information of GPC Biotech, ( c ) all Yakult Regulatory Documentation shallbe Confidential Information of Yakult and ( d ) the terms of this Agreement and all Joint Know - How and Joint Inventions(subject to the Parties ’ rights under Section 7.1.5 ) shall, with respect to GPC Biotech, be Confidential Information of Yakultand, with respect to Yakult, be Confidential Information of GPC Biotech . All Clinical Data shall be the ConfidentialInformation of the Party that owns such data or information, regardless of which of which Party furnished such data orinformation . Notwithstanding the foregoing, Confidential Information shall not include any information that:10.1.1 is or hereafter becomes part of the public domain by public use, publication, general knowledge or the likethrough no wrongful act, fault or negligence on the part of receiving Party;10.1.2 can be demonstrated by documentation or other competent proof to have been in the receiving Party’spossession prior to disclosure by the disclosing Party without any obligation of confidentiality with respect to saidinformation;10.1.3 is subsequently received by the receiving Party from a Third Party who is not bound by any obligation ofconfidentiality with respect to said information;10.1.4 has been published by a Third Party or otherwise enters the public domain through no fault of the receivingParty in breach of this Agreement ; or10.1.5 can be demonstrated by documentation or other competent evidence to have been independently developedby or for the receiving Party without reference to the disclosing Party ’s Confidential Information