definiens: means, with respect to a particular Product in a country, a biopharmaceuticalproduct that : ( a ) contains clinically comparable or interchangeable active ingredients as such Product ; ( b ) is approvedfor use in such country pursuant to a regulatory approval process governing approval of generic, interchangeable orbiosimilar biologics, where such approval is obtained using an approval process ( i ) undertaken without the consent orassistance of [COMPANY] ( excluding rights granted with BN ’s consent in connection with settlement or resolution of patentinfringement or other challenges pursuant to Article 9 ) and ( ii ) based upon clinical data generated by or on behalf ofBMS or BN or any of their respective Affiliates and consent to use such data was not given by [COMPANY] ; and ( c ) is sold inthe same country as such Product by any Third Party that is not a Sublicensee of [COMPANY] or its Affiliates