definiens: means, with respect to the Product, any and all intellectual property rightsowned or controlled ( including by means of any license or sublicense, provided that such rights can be licensed orsublicensed to a Third Party ) by BPA or its Affiliates in or with respect to the Territory that are solely or primarily directed tothe formulation, manufacture, packaging, promotion, distribution, marketing, sale, offering for sale, use, making, importing orexporting of the Product, as each such business has been conducted in the ordinary course, including any and all such rightsconstituting : ( i ) Patents, invention disclosures and invention assignments ; ( ii ) copyrights and other works including art workused in the labeling of the Product and related digital files ; ( iii ) the Know - How ; ( iv ) Trade Secrets ; ( v ) all applications, registrations, or common law or unregistered rights relating to any of the foregoing ; and ( vi ) all rights to obtain renewals, continuations, divisions and/or patent term extensions or SPCs or other extensions of legal protections pertaining to any ofthe foregoing