definiens: means any and all Intellectual Property relating to the Product or its manufacture by Jagotec that is ( i ) owned by CRTX at the Effective Date ( including but not limited to pursuant to the Development and Scale - Up Agreement dated 5 May 2004 between the Parties ) or ( ii ) developed or acquired by CRTX after the Effective Date provided that such Intellectual Property does not utilize nor is based on any Jagotec Intellectual Property or Jagotec Product Developments 19.3 means ( i ) all Intellectual Property owned by Jagotec as of the Effective Date, including that related to the Geomatrix System ; ( ii ) all Intellectual Property developed or acquired by Jagotec after the Effective Date independent of the performance of its obligations under this Agreement, provided that such Intellectual Property does not utilize nor is based on any CRTX Intellectual Property or CRTX Product Developments