definiens: means the right or p rotection, granted by a Regulatory Authority or oth er Governmental Authority, as applicable, in a jurisdi ction, providing with respect to a Licensed Product in such jurisdiction : ( a ) marketing exclusivity that preven ts the Regulatory Authority or other Governmental A uthority from accepting an application for Marketing Approva l from, or from granting Marketing Approval to, a T hird Party ( other than any Sublicensee or authorized des ignee of [COMPANY] or any of its Affiliates or Sublic ensees ) for a pharmaceutical or biologic product ( including a gen eric, biosimilar, similar medicinal product or gene ric or competing version of a pharmaceutical product ) that is the same or a bioequivalent of the Licensed Pro duct, such as through new molecular entity or biological produ ct or orphan drug or pediatric exclusivity designat ion by the applicable Regulatory Authority or Governmental Aut hority, or an exclusive right to sell pursuant to d ata exclusivity provisions such as those under EC Direc tives 2004/27 / EC and 2001/83 / EC and Regulation 726/2004 / EC or, in each of the foregoing cases, any foreign equivalent ; or ( b ) data protection for reg ulatory data relating to the Licensed Product against unfair com mercial use or public release, such as that provide d for in Article 39.3 of Annex 1C. Part II . Section 7 of the Agreement on Trade - Related Aspects of Intellectual Property Rights ( TRIPS Agreement ), or any foreign equivalent