definiens: means, with respect to a Party ( the ) all proprietary information, patentable or otherwise, of the Disclosing Party ( whether owned by the Disclosing Party or disclosed by a Third Partyto the Disclosing Party under an obligation of confidentiality ) which is disclosed by or on behalf of such Party to theother Party ( the ) pursuant to and in contemplation of this Agreement, including informationpertaining to chemical substances, therapeutic agents, pharmaceutical compositions, drug delivery systems, formulations, processes, techniques, methodologies, data, reports, know - how, expertise, sources of supply, patentpositioning and business plans . Confidential Information of the Disclosing Party includes Information ofthe, each as defined in the Prior Confidentiality Agreement . The elements of Assigned IP described inSections 1.4(a ), ( b ) and ( c ) shall be treated as Confidential Information of [COMPANY], except to the extent that theyhave been or are later disclosed by the publication of any patent or patent application . Any sublicense agreementsdisclosed by a Party to the other Party pursuant to Section 3.2 shall be treated as Confidential Information of theParty entering into such sublicense agreement