Stay up to date on whats happening inside the worlds largest network of brand owners and trademark professionals. <<74C007B918EDAA4FA58D6A6B0A909015>]>> I truly enjoy traveling abroad. (3) Protected Marks consist of signs in the form of drawings, Yes. International trade refers to the exchange of goods and services across borders. The Law was revised in 1993 and in 2001 by the NPC Standing Committee. endobj %PDF-1.7 % by both the Trademark Law and the Unfair Competition Prevention Law (German Unfair Competition Prevention Law, art. The Nice Classification is an international system used to classify goods and services for the purposes of the registration of marks. Trademarks are protected by law in order to serve this source-indicating func- 25; Trademark Law, art. Abstract | Links | BibTeX Read, Katherine 2/sN6^= .d,hHP4q?7vE}Fd{d!x:]y`D.a@bXyU* pWFn3R)/ g^}qA=Yy_4-tOY+@Ge8O./;QZGH#i'z'! 17. XVI-171. Rules of reciprocity require a country that issues a patent to a foreign national to provide the foreign national with the same rights as a patent owner that is a citizen of that country. 7 0 obj ABOUT INTA We Foster Consumer Trust, Economic Growth, and Innovation. Madrid The International Trademark System, Lisbon The International System of Geographical Indications, Budapest The International Microorganism Deposit System, Centralized Access to Search and Examination (CASE), SCCR - Standing Committee on Copyright and Related Rights, SCP - Standing Committee on the Law of Patents, SCT - Standing Committee on the Law of Trademarks, IGC - Intergovernmental Committee on IP & GR, TK & Folklore, Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions. endstream endobj 59 0 obj<>/Metadata 56 0 R/Pages 52 0 R/Type/Catalog>> endobj 60 0 obj<>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>>/Type/Page>> endobj 61 0 obj[/Separation/PANTONE#20315#20C/DeviceCMYK<>] endobj 62 0 obj<> endobj 63 0 obj<>stream Available in PDF, EPUB and Kindle. Each of these areas of the law has recently undergone frequent and sometimes drastic changes. In the case of trademarks, the relevant treaty is the Paris Convention. <> Cardinal's team of trademark attorneys generates unique strategies for each project. The term of trademark registration can vary, but is usually ten years. You can save your searches here and later view and run them again in "My saved searches". . 16. (~|;uj:F_9C1#"h_HPJ%qpFw?-69BQ@'$dRYwv[w|u|*OUT&Q3JEa)QR!P(/AAue*BMtemZ]!/-p>JZ_POQ}!1V^iD);D~s}lwTkla1t lzPH"]4R fmXnQ3-uBBPDtN ~e28o ` Trademark Law: An Open-Source Casebook is a free, open textbook designed for a four-credit trademark course, which is what I teach at NYU School of Law. College Athletic Departments As Media Organizations and the Regulation of Content: Issues for the Digital Age, Patents and Traditional Medicine: Digital Capture, Creative Legal Interventions, and the Dialectics of Knowledge Transformation, Beyond Theories: Intellectual Property Dynamics in the Global Knowledge Economy, Indigenous Peoples' Rights At The Intersection of Human Rights And Intellectual Property Rights, Intellectual Property and Indigenous/Traditional Knowledge: Issues Paper, INTELLECTUAL PROPERTY RIGHTS AND INFORMED CONSENT IN AMERICAN INDIAN COMMUNITIES: LEGAL AND ETHICAL ISSUES, Metaphor after Myriad: the Effect of Legal Rhetoric on Intellectual Property Protection for Biological Sequences, FREEDOM OF EXPRESSION AND MORALITY-BASED IMPEDIMENTS TO THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS, MATAL V. TAMA VICTORY FOR THE SLANTS, A TOUCHDOWN FOR THE REDSKINS, BUT AN AMBIGUOUS JOURNEY FOR THE FIRST AMENDMENT AND TRADEMARK LAW.pdf, RECONCEPTUALIZING INTERNATIONAL COPYRIGHT LAWS TO PROTECT AFRICAN CREATIVE INDUSTRIES, The Dilution of Culture and the Law of Trademarks. 2003). (2) The Marks as referred to in section(1) point a comprises: a. You can download the paper by clicking the button above. Select 16 - Does the Unfair Competition Approach to Geographical Indications of Origin Have a Future? Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website. This website is using a security service to protect itself from online attacks. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Barton Beebe, New York University School of Law, John M. Desmarais, New York University School of Law, Journalism, Media Studies & Communications, III. aUU{UZ^*P*4aI@Sc@}~TYPXNs}v9~wye^7wafQ7B S&5 (=']INx+LHZJ Si7^S-na8{j(I%"&N=&%nP1`,Z .9'EP E"A?QO-++,r0rp-8 T3 endstream endobj 645 0 obj <>/Metadata 62 0 R/Pages 638 0 R/StructTreeRoot 81 0 R/Type/Catalog>> endobj 646 0 obj <>/MediaBox[0 0 612 792]/Parent 639 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 647 0 obj <>stream These Joint Recommendations respond to trends and developments in international trademark law: The WIPO Lex database is a comprehensive search tool that allows you to search international treaties and national laws on intellectual property. Our Global Brand Database provides easy access to over 28 million records from multiple international and national sources, including marks registered through WIPOs Madrid System. To save content items to your Kindle, first ensure coreplatform@cambridge.org Digital Media & Intellectual Property, Spriger, 2006, pp. <> U. S. TRADEMARK LAW FEDERAL STATUTES U. S. PATENT & TRADEMARK OFFICE November 25, 2013 -2- November 25, 2013 TABLE OF CONTENTS . The Saga Continues, International Intellectual Property Scholars Series: Reviewing the (Shrinking) Principle of Trademark Exhaustion in the European Union (Ten Years Later, Intellectual Property, Trade & Development: The State of Play, COPYRIGHT'S DEUS EX MACHINA: REVERSE REGISTRATION AS ECONOMIC FOSTERING OF ORPHAN WORKS, THE JANUARY 1999 REVIEW OF ARTICLE 27 OF THE TRIPS AGREEMENT: DIVERGING VIEWS OF DEVELOPED AND DEVELOPING COUNTRIES TOWARD THE PATENTABILITY OF BIOTECHNOLOGY, Schiavo Revisited? %PDF-1.4 % CompuMark trademark research and protection solutions by Clarivate enable you to create, expand and protect strong brands with confidence. The Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) is the forum where WIPO's member states discuss policy and legal issues relating to the international development of trademark law and standards. The Cambridge Handbook of International and Comparative Trademark Law, Select The Cambridge Handbook of International and Comparative Trademark Law, Select The Cambridge Handbook of International and Comparative Trademark Law - Title page, Select Part One - International Aspects of Trademark Protection, Select 1 - The Trademark Provisions in the Paris Convention for the Protection of Industrial Property, Select 2 - A Look at the Trademark Provisions in the TRIPS Agreement, Select 3 - The Internationalisation of Trademark Protection, Select 4 - The Trademark Provisions in Post-TRIPS Mega-Regional Trade Agreements, Select 5 - The Protection of Well-Known Marks under International Intellectual Property Law, Select 7 - Territoriality and Supranationality, Select 8 - Alternative Dispute Resolution for Trademark Disputes, Select Part Two - Comparative Perspectives on Trademark Protection, Select I - The Nature and Functions of Trademarks, Select 9 - Trademark Functions in European Union Law, Select 10 - The Function of Trademarks in the United States, Select II - Signs That Can Be Protected as Trademarks, Select 11 - Protectable Trademark Subject Matter in Common Law Countries and the Problem with Flexibility, Select 12 - Signs Eligible for Trademark Protection in the European Union, Select III - Public Policy Limitations of Trademark Subject Matter, Select 13 - Public Policy Limitations on Trademark Subject Matter, Select 14 - Public Policy Limitations on Trademark Subject Matter, Select IV - The Relationship between Trademarks and Geographical Indications, Select 15 - Sui Generis or Independent Geographical Indications Protection. Category : Law Publisher : Edward Elgar Publishing Published : 2021-07-31 Type : PDF & EPUB Page : 544 Download . Use the database to search for trademarks, appellations of origin and official emblems. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Your IP: Providing an insightful examination of how international legal knowledge is analysed and adopted . Searching trademarks and other signs Global Brand Database If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. 0000039961 00000 n All rights reserved. Abstract: This Article addresses conservation, preservation, and stewardship of knowledge, and laws and institutions in the cultural environment that support those things. The International Trade Administration, U.S. Department of Commerce, manages this global trade site to provide access to ITA information on promoting trade and investment, strengthening the competitiveness of U.S. industry, and ensuring fair trade and compliance with trade laws and agreements. The PRC Trademark Law was first adopted by the NPC Standing Committee on August 23, 1982, and entered into force on March 1, 1983. Owners of internationally registered trademarks seem to be more active in seeking compensation from infringers. We speak for brand owners by working to foster effective laws and policies worldwide on trademark and related rights and to harmonize their implementation. 0000040238 00000 n Use as a Mark in Commerce Use in Commerce Use in Commerce: Free and Open Source Software endobj 0000051878 00000 n Prohibition of registration of names of chemical elements or international non-proprietary names. Any objection to registration of the trademark must be made to the International Bureau in the prescribed format. 0000001889 00000 n xk04$h:}P We cannot guarantee that every ebooks is available! The book was created by a team of faculty members at the University of Iowa College of Law to . Trademarks are protected by intellectual property rights. The state courts will adjudicate . The treaties WIPO administers, together with national and regional laws, make up the international legal framework for trademarks. Public Domain Preservation in EU Trademark Law A Model for Other Regions? Were a global network of brand owners and professionals dedicated to supporting trademarks and related intellectual property. CC BY-NC-SA. <> Read online free Trademark Law Handbook ebook anywhere anytime directly on your device. endobj <>>> We practice all aspects of patent, trademark, and copyright law, including counseling, prosecution, licensing, and litigation. EISIL's subject-organized format and expert-provided content also enhances its potential as teaching tool. Trademarks, including service marks, are particularly important in the globalized tourism sector and are key to its further development. endobj The need for reliable, actionable trademark information has never been greater. In a nutshell, you benefit from one application, in one language, paid in one currency. In: pp. endobj %PDF-1.5 % 9 *Ps-I&v"{1LYz4$3: 'L=1KeNz,24YMo6+D$;B"1AEk0+QhMMQ%Cnc217XA`> U08?muO!*d8Jk&ei5W2Pu@"!%b~LQ? This increasing exchange of goods across the world has led to the emergence of a virtual global market which comprises of almost all countries, and survives on a robust trade system and friendly trade relations between nations. stream Registration for the 2023 Annual Meeting (Virtual Only) is now open! of your Kindle email address below. In a nutshell, you benefit from one application, in one language, paid in one currency. The book concludes with an overview of the effects, and the possible solutions, under U.S. and EU law, posed by using contractual arrangements to expand intellectual property rights. "z)}`tM@s*hMM#*T p"YflOsAsxBvc(>Z,>y c:E;G#x-@-w:a+D-QSQe UQlJ|o7qGIX ,"4qKm;f1@npF&oT+ojeZR}Taj]AU"Irc9h|qbB"#lCp%lY:8rx;S#h1z1{oCfga_~A6` Op Enter the email address you signed up with and we'll email you a reset link. We use advanced searching techniques, broadened goods/services keywords, and related international classes to deliver the most relevant results. (2) The trademark application shall be correct if: 1. a separate application has been filed within the meaning of Article 8, paragraph (2) of this Law; 2. a prescribed fee for a trademark application and procedural charges have been paid, and the evidence of effected payment has been attached thereto; 15. 0000000656 00000 n 644 0 obj <> endobj 58 0 obj <> endobj Certification of the international application Sec. 95 0 obj <>stream The action you just performed triggered the security solution. They are an indispensable tool in today's business world. The book also provides important strategic considerations for readers who embark on developing a worldwide design rights portfolio. Manage your cookie preferences here. A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Feel free to send me a message. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. This book is a remarkable resource for diverse stakeholders, including users, policy makers, lawyers and academics. Xtmw=vfo ]Xt[lA P'""(-"YT?/n~9SoOupy3N{5;F We use the information to compile statistical reports of our users browsing patterns so that we can improve the Site. Fast Download speed and no annoying ads. Service Marks. It describes the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. [.jC[/4^n]@8;8`[TXg+j9,oQKD>?)`C~z}@ Trademark Law and Theory. % A single international patent does not exist, so an owner will need to seek protection in each country individually. 62 (15 U.S.C. Type : PDF & EPUB Page : 660 Download . Progressive Development of International Intellectual Property Law Introduction The Joint Recommendation Concerning Provisions for the Protection of Well-Known Marks The Joint Recommendation Concerning Trademark Licenses The Joint Recommendation Concerning the Protection of Marks, and Other Industrial Property Rights in Signs, on the Internet Click here to read the full article: %Dih`i|xMeOo6o><>~105iQ8WfFI>r~2/? 2023 International Trademark Association. The Cambridge Handbook of International and Comparative Trademark Law Published online: 18 September 2020 Chapter The Court of Justice of the European Union and Human Rights in 2017 Hans-Peter Folz and Eva Radlgruber European Yearbook on Human Rights 2018 Published online: 31 January 2019 Chapter Ne Bis in Idem in the EU and ECHR Legal Orders Each country has its own laws and standards regarding what types of trademarks can be registered. Enhancement of Protection of Geographical Indications, TRIPS and Traditional Knowledge: Local Communities, Local Knowledge, and Global Intellectual Property Frameworks (TRIPs Symposium), Patent scope and innovation in the software industry, Fair use infrastructure for copyright management systems, Creativity and Culture in Copyright Theory, Comment: Copyright's Public-Private Distinction, THE JOHN MARSHALL REVIEW OF INTELLECTUAL PROPERTY LAW, Intellectual Property Rights and Exclusive (Subject Matter) Jurisdiction: Between Private and Public International Law, Frosio Giancarlo, Google Books Rejected: Taking the Orphans to the Digital Public Library of Alexandria, 28 SANTA CLARA COMP. Law, No. HN@#J*eBpiphb*E endobj Rules and Laws for Civil Actions is an open-access resource for law students containing the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes. 34, chemin des Colombettes endobj Modified date: December 23, 2019. =g'p+FaHAQ? 0000015751 00000 n To save content items to your account, Book summary views reflect the number of visits to the book and chapter landing pages. It is enacted, rather, through a series of agreements requiring individual nations to adopt compatibly similar . 4xvN20: iF b@& " The Lisbon Systemfor the international registration of appellations of origin protects such products through a single registration. <> Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT), The Madrid System International trademark registration made easy, Nice Classification Streamlining searches, The Lisbon System for geographically-unique products, Protection of Marks, and Other Industrial Property Rights in Signs, on the Internet, Trademark Law and Practice Summary of replies to questionnaire, Representation of Non-Traditional Marks & Areas of Convergence, Trademark Opposition Procedures Areas of Convergence, Grounds for Refusal of all Types of Marks, Technical and Procedural Aspects Relating to the Registration of Certification and Collective Marks, The Protection of CountryNames Against Registration and Use as Trademarks. Performance & security by Cloudflare. L. J. International Trademark Law Overview. The Second Edition updates the law in these six jurisdictions and also adds additional statistics, including those related to litigation and post-grant validity reviews. =7p+3k6N[>C~j6C D3-MQZnX{] Tlp& Indian Business Law Journal listed our Tax, PE & VC and Technology-Media-Telecom (TMT) practices in the India Law Firm Awards 2009. ', Francis Gurry - Director General, World Intellectual Property Organization, 'Trademark law, and its policy underpinnings, are experiencing an unprecedented period of dynamism and diversity;this substantial volume meets the consequentneed for an authoritative and systematic survey of this brisk evolution, internationally and in key national jurisdictions. Trademark Law: An Open-Source Casebook is a free, "open" textbook designed for a four-credit trademark course, which is what I teach at NYU School of Law. Trademark is a right that protects a sign which is used in trade for the distinguishing of goods and services of one natural or legal person from the goods or services of another natural or legal person. If there are no refusals by any of the country, then the protection of the mark in each of the country is the same as if it had been registered by the Office of that country. Marks; and b. Geographical Indications. <> 0000001777 00000 n together with the relevant provisions of pre-existing treaties in the area of international IP law which are incorporated by reference into the TRIPS Agreement. Legal 500 (Asia-Pacific) has also ranked us #1 in these practices for 2009-2010. These cookies are used to identify a users browser as the visitor goes from page to page on the Site. 88 0 obj <>/Filter/FlateDecode/ID[<839839843FA9A464ADA163D35EAA1D28>]/Index[83 13]/Info 82 0 R/Length 49/Prev 82163/Root 84 0 R/Size 96/Type/XRef/W[1 2 1]>>stream I. 2 0 obj Article 6ter is used to protect armorial bearings, flags and other state emblems of the states party to the Paris Convention. endobj 6 0 obj law resources including patent and trademark applications from a number of other countries. HWMo@[RU)qbHpM+ IhZ,ex#b6epNOO.~ Due to the observance of territoriality as a legal principle, international protection for trademark rights is not enabled through a single legal statute. BJ``he5,.h S: f d3L `S%6150\f=ArMm``VaRA,I'h021bdx-@ t+ Trademarks; and b. What rights does trademark registration provide? It can be renewed indefinitely on payment of additional fees. ), Cambridge: Cambridge University Press 2020.). They are persistent, which means they will remain on your device after you leave the Site. INTRODUCTION As these contemporary and historical statements suggest, it is an axiomatic principle of domestic and international trademark law that trademarks and trademark . To find out more please see our Cookies Policy and Privacy Policy. Last chance to register! Explore how we support brands through our work in advocacy, events, and resourceswith exclusive benefits for members. on the Manage Your Content and Devices page of your Amazon account. Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. The cookies collect information in anonymous form, including the numbers of visitors to the Site, where visitors have come to the Site from, the pages they visited and how they have interacted with tools on the Site like search and embedded media players. 0000046420 00000 n This book was released on 2017-01-01 with total page 1142 pages. hbbd``b`@`@@$u bP O:H8"@d# N This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment. The mission and structure of our global association for brand owners and professionals, How we speak out and collaborate to foster effective IP laws and policies worldwide, Premier must-attend meetings, conferences, webcasts year-round to learn and network, Thought leadership, interviews, research, and more that explore key IP issues and trends, For professionals, SMEs, and consumers, practical info on brand protection and the value of IP, Discover the value of membership! ', Antony Taubman - Director, Intellectual Property, Government Procurement and Competition Division, World Trade Organization, 'All regions of the world continue to promote brand protection to enhance the value of goods and services for economic development. Full text views reflects the number of PDF downloads, PDFs sent to Google Drive, Dropbox and Kindle and HTML full text views for chapters in this book. endobj HKo@HJH~%&DU}/UR!X*9_tQE/t5[. hmOHlUq`BJH'Q7Nr7o8`y KJ`t%"@+&Vh&&CL&Pta=SR(0 nTie= is added to your Approved Personal Document E-mail List under your Personal Document Settings 686 0 obj <>stream For example, in the United States, trademarks rights are typically reserved for the first person to use the mark, even if that person is not the first to . 1 Trademark Act 2016 (pdf File,1 MB) International Affairs and Planning Division Update Date : 2020-08-24 2 Enforcement Rules of the Trademark Act (pdf File,907 KB) International Affairs and Planning Division Update Date : 2020-08-24 3 Standards of Trademark Fees 2012 International Affairs and Planning Division Update Date : 2014-04-16 Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. (For an English translation of the Law amended as of 2001, see World Intellectual Property Organization website.) Note you can select to save to either the @free.kindle.com or @kindle.com variations. Memess, Heather Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Click to reveal Signs Eligible for Trademark Protection - Dysfunctional Incentives and a Functionality Dilemma in the EU Book Chapter. Chapter l General Provisions. The Madrid system for the international registration of trademarks provides a single procedure for the registration of a mark in several territories. 1 0 obj endobj As a company specializing in global intellectual property services, iGERENT provides the experience and know-how to guide all trademark owners, from small businesses to large corporations, through the intricacies of international trademark registration. The Madrid system for the international registration of trademarks provides a single procedure for the registration of a mark in several territories. To learn more, view ourPrivacy Policy. Marquette Intellectual Property Law Review, University of California Davis Law Review. 10 0 obj hb```f``a vnf`Bs{+acQ*,uc5E+dc^-W @S=00_c [ A word or a combination of words, letters, and numerals can perfectly constitute a trademark. At the national/regional level, trademark protection can be obtained through registration, by filing an application for registration with the national/regional trademark office and paying the required fees. circular reasoning. endstream endobj startxref 209-225, 2020, (Chapter in: Cambridge Handbook on International and Comparative Trademark Law, I. Calboli & J.C. Ginsburg (eds. Restriction, abandonment . Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website. Select V - Certification and Collective Marks, Find out more about saving to your Kindle, The Cambridge Handbook of International and Comparative Trademark Law - Title page, Part One - International Aspects of Trademark Protection, Historical Perspectives and Current Developments, 1 - The Trademark Provisions in the Paris Convention for the Protection of Industrial Property, 2 - A Look at the Trademark Provisions in the TRIPS Agreement, 3 - The Internationalisation of Trademark Protection, Mapping and Documenting Twenty-Five Years of (Post-Paris Convention and) Post-TRIPS Trademark Agreements, 4 - The Trademark Provisions in Post-TRIPS Mega-Regional Trade Agreements, 5 - The Protection of Well-Known Marks under International Intellectual Property Law, Comparing Regional Organizations in Europe, Africa, South East Asia, and South America, Judicial and Legislative Competence in International Trademark Disputes, 8 - Alternative Dispute Resolution for Trademark Disputes, Part Two - Comparative Perspectives on Trademark Protection, I - The Nature and Functions of Trademarks, 9 - Trademark Functions in European Union Law, 10 - The Function of Trademarks in the United States, II - Signs That Can Be Protected as Trademarks, 11 - Protectable Trademark Subject Matter in Common Law Countries and the Problem with Flexibility, 12 - Signs Eligible for Trademark Protection in the European Union, Dysfunctional Incentives and a Functionality Dilemma, III - Public Policy Limitations of Trademark Subject Matter, 13 - Public Policy Limitations on Trademark Subject Matter, 14 - Public Policy Limitations on Trademark Subject Matter, IV - The Relationship between Trademarks and Geographical Indications. Usage data cannot currently be displayed. %PDF-1.5 ', Barton Beebe - John M. Desmarais Professor of Intellectual Property Law, NYU School of Law, 'A truly useful resource for lawyers, policy makers and academics, this volume offers a highly relevant and up-to-date collection in the field. Faculty Resources section of this website. ) not guarantee that every is..., together with national and regional laws, make up the international legal knowledge analysed... Owners of internationally registered trademarks seem to be more active in seeking compensation from infringers by clicking the above! It is an international system used to classify goods and services across borders in EU trademark Law Handbook anywhere... Owner will need to seek protection in each country individually again in `` saved... Eu book Chapter international trademark law pdf goods and services for the registration of trademarks provides a single patent! 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