definiens: means, collectively, worldwide Patents, Copyrights, Trademarks, mask work rights, trade names and all other intellectual property rights and proprietary rights, whether arising under the laws of the United States or any other state, country or jurisdiction, including allrights or causes of action for infringement or misappropriation of any of the foregoing . For purposes of thisAgreement : ( a ) means all patent rights and all right, title and interest in alliellers patent or equivalentrights and applications, including provisional applications, for lellers patent or rights, industrial and utilitymodels, industrial designs, petty patents, patents of importation, patents of addition, certificates of inventionand other government issued or granted indicia of invention ownership, including any reissue, extension, division, continuation or continuation - in - part applications throughout the world ; ( b ) means allright, title and interest in all trade secrets and trade secret rights arising under common law, state law, federallaw or laws of foreign countries ; ( c ) shall mean all copyrights, and all other literary property andauthorship rights, and all right, title, and interest in all copyrights, copyright registrations, certificates ofcopyright and copyrighted interests throughout the world ; and ( d ) means all right, title andinterest in all trademark, service mark, trade name and trade dress rights arising under the common law, statelaw, federal laws and laws of foreign countries, and all right, title, and interest in all trademark, service mark, trade name and trade dress applications and registrations inlerests throughout the world . The exclusive rightsgranted to Spectrum to market the said products in United States of America will be subject to the Non - perfonnance Clause given in Clause 12.3 with respect to any of the said products