definiens: means any information, technical data, or know - how, includin g, but not limited to, that which relates to research, dev elopment, products, biological materials, chemical compounds, processes, test data, animal studies, clinical tria ls, markets, inventions, marketing or finances, whi ch Confidential Information is designated in writing to be confiden tial or proprietary, or if given orally, is confirm ed promptly in writing as having been disclosed as confidential or proprietary . Confidential Information does not inc lude information, technical data or know - how which ( i ) i s in the possession of the receiving party at the t ime of disclosure as shown by the receiving party ’s files and records immediately prior to the time of disclo sure ; or ( ii ) prior to or after the time of disclosure becom es part of the public knowledge or literature, not as a result of any action or inaction of the receiving party ; or ( iii ) is approved for release by the disclosing part y, or ( iv ) is at any time disclosed to the receiving party by a thir d party without, to the knowledge of the receiving party, violation of any obligation of confidentiality