definiens: shall mean all of [COMPANY] 's right, title and interest in any data, information, or know - how pertaining to, and any license or other rights in, the Product in the Territory, now owned or controlled or hereafter acquired by [COMPANY] . By wayof illustration, the foregoing Rights shall include but not be limited to ( i ) all of [COMPANY] 's rights under the License and Supply Agreement between [COMPANY] or its affiliates and RP Scherer and Company, as amended ( the ), as it pertains to the Territory, and ( ii ) all clinical, preclinical and other data, protocols, inventory, work in progress, regulatory rights or applications of any kind ( such as a New Drug Application ( '' NDA '' ) for the Product ), contract rights, market research, patent rights, patent applications, trademark rights, trademark applications, and any know - how associated with the Product for use in the Territory