GSK PROPRIETARY TECHNOLOGY definition

GSK PROPRIETARY TECHNOLOGY means (i) all ideas, inventions, data, instructions, processes, procedures, formulas, expert opinions and information, including, without limitation, biological, chemical, toxicological, pharmacological, physical and analytical, clinical, analytical, stability, safety, manufacturing and quality control data and information which are in existence as of the Effective Date or which come into existence after the Effective Date and which are owned or Controlled by GSK(other than through a license granted to GSK under this Agreement by ADVANCIS), and which are identified by GSK to ADVANCIS as GSK Proprietary Technology (ii) all GSK Sole Inventions and Program Intellectual Property which are improvements to or are based on, incorporate, or derived from anything in subsection (i) above. GSK may identify GSK Proprietary Technology to ADVANCIS in (1) any tangible form that is marked as "GSK Proprietary Technology" at the time it is disclosed to ADVANCIS or (2) if disclosed orally hereunder, such disclosure is confirmed as GSK Proprietary Technology, in writing, within a reasonable period of time thereafter. For the avoidance of doubt, "GSK Proprietary Technology" does not include published patent applications or granted patents or information or data or know-how or inventions disclosed therein to the extent such information was published or disclosed prior to the identification of such information as GSK Proprietary Technology by GSK to ADVANCIS.