RareGen Background Intellectual Property

RareGen Background Intellectual Property. All patents, patent applications, copyrights or trademarks regardless of country of origin, issue or publication, which RareGen is able to show by clear and convincing evidence were (i) owned or controlled by RareGen on or before the date of this Agreement, or (ii) were conceived by RareGen independently of the carrying out of the Project (i.e., without use of or reference or access to Project Technology or Project Intellectual Property).