1.5. Control(s) or Controlled means the possession by a Party, as of the Effective Date or during the Term, of (i) with respect to materials, data or information, physical possession or the right to such physical possession of those items, with the right to provide them to Third Parties; and (ii) with respect to intellectual property rights, rights sufficient to grant the applicable license or sublicense under this Agreement, without violating the terms of any agreement with any Third Party existing as of the Effective Date.
1.6. Covered (or the like) means, with respect to a given Licensed Product, that the making, using, sale, offer for sale or import of such Licensed Product, but for ownership of, or a license granted under this Agreement, the relevant Patent would infringe a Valid Claim of such Patent in the country of use, sale, offer for sale or import on the date of such activity, or in the country of manufacture on the date of manufacture.
1.7. Effective Date has the meaning set forth in the introductory paragraph of the Agreement.
1.8. Elpiscience Confidential Information means Confidential Information disclosed or provided by, or on behalf of, Elpiscience to Inhibrx or its designee.
1.9. Field means therapeutic or prophylactic use in humans.
1.10. Generic Product means, with respect to a particular Licensed Product, and on a country-by-country basis, a product, other than a product that is developed, marketed or sold by a Party or its Affiliates, that is no longer Covered by a Valid Claim within the Inhibrx Patents in the relevant country and the active ingredient of which is a recombinant protein having the same amino acid sequence as the recombinant protein of such Licensed Product.
1.11. IND means an investigational new drug application (IND) in the United States or clinical trial application (CTA) in the European Union or any comparable filing in any country of the Territory.
1.12. Inhibrx Confidential Information means Confidential Information disclosed or provided by, or on behalf of, Inhibrx to Elpiscience or its designee.
1.13. Inhibrx IP means any and all intellectual property (including Patents and rights in or to Know-How) owned or Controlled by Inhibrx or its Affiliate(s) that is necessary to make, have made, use, sell, offer for sale, or import Licensed Molecules or Licensed Products for use in the Field in the Territory.
1.14. Inhibrx Material means any composition of matter, biological materials, assay, or other tangible materials Controlled by Inhibrx specific to the development or manufacture of the Licensed Molecule, excluding the Licensed Molecule and Licensed Products, and shall include cell lines expressing the Licensed Molecule.
1.15. Inhibrx Patent(s) means a Patent within the Inhibrx IP.
1.16. Know-How means any proprietary scientific or technical data, results, technology or information, in any tangible or intangible form, including techniques, technology, practices, trade secrets, discoveries, developments, inventions (whether patentable or not), methods, knowledge, assay development, chemical, pharmacological, toxicological and clinical test data and results, and analytical and quality control data, results, descriptions and reports, study protocols, formulas, specifications, dosage regimens, control assays, and manufacturing and quality control data and information.
1.17. Licensed Molecule means the recombinant mono-specific, multivalent protein, known internally within Inhibrx as INBRX 106, that specifically binds to and modulates the biological target OX40, as further described on Appendix A.
1.18. Licensed Product means any product containing a Licensed Molecule.
1.19. MAA means a marketing authorization application or equivalent application, and all amendments and supplements thereto, filed with the applicable Regulatory Authority in any country in the Territory.