Patent pressures
9 years, 10 months ago

Patent pressures

The Hindu  

In its 2015 Special 301 Report on Intellectual Property Rights, the office of the United States Trade Representative has retained India in its “Priority Watch List”, noting however that bilateral engagement between the two countries on IPR concerns had increased over the past year. The progressive Act has been invoked in several judgments recently in relation to pharmaceutical patents — for example, the Supreme Court upheld the sale of a generic version of the cancer drug Nexavar in December 2014, and upheld the Indian patent office’s rejection of >Novartis’s application for a patent for its anti-cancer drug, Glivec. It is in this context that Prime Minister Narendra Modi’s statement in New Delhi on April 24, asking for aligning India’s patent law with “global standards”, is a cause for concern. While these arrangements with the U.S. may be useful to mitigate any prospective attempts by the USTR to impose trade sanctions, the government must retain its own position on IP and the patents regime in India, and should not allow any dilution of its patent laws that safeguard the public interest.

India Patent Ustr Patents  patent  ustr  patents  india  laws  regime  act  pharmaceutical  property  trade  pressures

History of this topic

‘Pharmacy of the world’ pins hope on Modi govt to avert Trump tariff crisis
1 month, 1 week ago

‘Pharmacy of the world’ pins hope on Modi govt to avert Trump tariff crisis

Firstpost  

Government data shows that the US is the biggest market for Indian drugmakers. The country, which boasts of being the ‘pharmacy of the world’ produces cheaper generic versions of complex innovative drugs which are traded off to over 200 countries Representational image. Pexels India’s pharmaceutical industry hopes that bilateral talks between New Delhi and Washington could help avert the crisis …

‘Pharmacy of the world’ pins hope on Modi govt to avert Trump tariff crisis
1 month, 1 week ago

‘Pharmacy of the world’ pins hope on Modi govt to avert Trump tariff crisis

Firstpost  

Government data shows that the US is the biggest market for Indian drugmakers. The country, which boasts of being the ‘pharmacy of the world’ produces cheaper generic versions of complex innovative drugs which are traded off to over 200 countries India’s pharmaceutical industry hopes that bilateral talks between New Delhi and Washington could help avert the crisis triggered by US …

India’s patent policies: Lifeline for HIV/AIDS treatment worldwide
3 months, 4 weeks ago

India’s patent policies: Lifeline for HIV/AIDS treatment worldwide

Hindustan Times  

A major concern during the negotiations on the Trade-Related Aspects of Intellectual Property Rights Agreement, finalised in 1994, was how it would affect access to affordable medicines for diseases like HIV/AIDS since it contained provisions for a stronger and longer patent protection regime. World AIDS Day India has since 2000 emerged as the pharmacy of the developing world due to …

Local to global: 14 nations keen to adopt India’s generic pharmacy model
4 months, 2 weeks ago

Local to global: 14 nations keen to adopt India’s generic pharmacy model

Live Mint  

New Delhi: Inspired by India's efforts to make affordable medicines accessible to the public, 14 countries from the Global South, including Taliban-ruled Afghanistan, are considering adopting India's generic pharmacy model, according to two people familiar with the development. While 11 countries, including Nepal, Sri Lanka, Bhutan, Ghana, Suriname, Nicaragua, Mozambique, and the Solomon Islands, have recognized Indian standards for drugs …

Budget 2024: Pharma industry seeks tax benefits, effective intellectual property rights regime
8 months, 3 weeks ago

Budget 2024: Pharma industry seeks tax benefits, effective intellectual property rights regime

The Hindu  

There is a need to incentivise R&D investments, offer corporate tax concessions and establish an effective intellectual property rights regime in order to push the growth of domestic pharmaceutical industry, as per the industry bodies. Outlining the sector's wish list for the upcoming Union Budget, Organisation of Pharmaceutical Producers of India Director General Anil Matai urged the government to explore …

The judiciary’s shadow over standard essential patents
10 months, 3 weeks ago

The judiciary’s shadow over standard essential patents

The Hindu  

There is a possible crisis brewing in India over the manner in which certain technology companies are wielding ‘standard essential patents’ against the telecom manufacturing sector in India. While the competition law issues remained mired in litigation, the Delhi High Court proceeded to hear lawsuits filed by Ericsson and other SEPs owners against manufacturers of cellular phones on the question …

India's Stance On IPRs, Pharma in FTA Will Fosters Growth Of Generic Drug Sector: GTRI
1 year, 1 month ago

India's Stance On IPRs, Pharma in FTA Will Fosters Growth Of Generic Drug Sector: GTRI

ABP News  

India's position on intellectual property rights and pharmaceutical issues in proposed trade agreements strikes a balance between fostering innovation and addressing public health needs. By resisting pressures from developed nations regarding concepts like 'data exclusivity' and 'patent linkage' in free trade agreements, India facilitates greater market access for generic drug manufacturers, leading to a significant reduction in the cost of …

Thorny clause in ripening India-European Free Trade Association deal may hit generic drug industry
1 year, 1 month ago

Thorny clause in ripening India-European Free Trade Association deal may hit generic drug industry

The Hindu  

A clause in a draft free trade agreement text being negotiated between India and the European Free Trade Association — Switzerland, Iceland, Lichtenstein and Norway — could delay access to affordable, generic versions of patented drugs in India by a minimum of six years, according to documents viewed by The Hindu. A leaked draft of the Trade and Economic Partnership …

Navigating Legal Challenges In The Development Of The Pharmaceutical Sector In India
1 year, 2 months ago

Navigating Legal Challenges In The Development Of The Pharmaceutical Sector In India

ABP News  

New Delhi, January 25: India's pharmaceutical sector, a key contributor to the nation's economy, has encountered significant legal challenges influencing its growth trajectory. Balancing data exclusivity, protecting clinical trial data, and ensuring timely access to generic drugs is a delicate task crucial for fostering innovation and affordability in medicine. The pharmaceutical sector in India faces challenges beyond patents, including combating …

Why does India have a substandard drugs problem? | In Focus podcast
1 year, 7 months ago

Why does India have a substandard drugs problem? | In Focus podcast

The Hindu  

Last month, the Lok Sabha passed a Bill that was aimed at improving the ease of doing business in India. This Jan Vishwas Bill, passed by the Rajya Sabha, this month brought in amendments to 42 different laws, including amendments to two sections of The Drugs and Cosmetics Act, 1940. The quality of drugs in India, has already been under …

India's Pharma Sector In 2023 And Beyond: Shaping New Paradigm With Innovation And Easier Regulatory Processes
1 year, 11 months ago

India's Pharma Sector In 2023 And Beyond: Shaping New Paradigm With Innovation And Easier Regulatory Processes

News 18  

Recently, Union Health Minister, Mansukh Mandaviya highlighted that research and innovation are necessary for the sustained growth of the pharmaceuticals sector. In line with this, the government has initiated various steps such as pharma innovation, new programme to promote research and innovation in pharmaceuticals is being taken up through Centres of Excellences While India’s pharma industry has progressed by leaps …

India-U.K. FTA will tighten screws on generic drugs: Doctors Without Borders Médecins Sans Frontières
2 years, 4 months ago

India-U.K. FTA will tighten screws on generic drugs: Doctors Without Borders Médecins Sans Frontières

The Hindu  

The proposals on intellectual property rights in the draft India-United Kingdom Free Trade Agreement will hurt the global supply of generic medicines, Doctors Without Borders warned on Wednesday. In a press note, the international organisation said low medicine prices help save lives in vulnerable communities across the world but the intellectual property chapter of the India-U.K. FTA contains “harmful IP …

Pharmaceutical Patents: Moderna Vs. Pfizer and BioNTech
2 years, 6 months ago

Pharmaceutical Patents: Moderna Vs. Pfizer and BioNTech

Live Law  

In a recent turn of events, Moderna Inc. sued the US-based pharmaceutical company Pfizer Inc. and the German-based pharmaceutical company BioNTech SE for infringing its patent while developing the first COVID-19 vaccine. Therefore, the USA's approach of being one of the least conservative patent systems could be a motivator for Moderna to file the suit there, as the courts would …

Understanding India’s stand on IPR at the WTO
2 years, 9 months ago

Understanding India’s stand on IPR at the WTO

Live Mint  

With WTO countries making progress on the patent waiver for covid vaccines last week, Mint examines how crucial it is to amend the WTO’s IPR norms in the post-pandemic world, keeping in mind the need for vaccines, therapeutics and diagnostics. The Agreement on Trade Related Aspects of Intellectual Property Rights introduced patent rules into the trading system during the 1986-94 …

Explained | The Indian patent regime and its clash with the U.S. norms
2 years, 9 months ago

Explained | The Indian patent regime and its clash with the U.S. norms

The Hindu  

The story so far: The U.S. Trade Representative said in a report released last month that India was one of the most challenging major economies as far as IP protection and enforcement is concerned. In its India section, the report highlighted a range of issues in domains ranging from copyright and piracy to trademark counterfeiting and trade secrets, saying that …

Patent rights on COVID-19 vaccines may be waived for five years
3 years ago

Patent rights on COVID-19 vaccines may be waived for five years

The Hindu  

Intellectual property rights held by international pharmaceutical companies on COVID-19 vaccines may be relaxed for up to five years, according to a proposal by the European Union in the backdrop of a festering two-year-old dispute at the World Trade Organisation involving India, U.S., South Africa and the EU. This reprieve will, however, not apply to COVID-19 drugs and diagnostic devices, …

The AIDS fight offers a COVID vaccine patent pathway
3 years, 10 months ago

The AIDS fight offers a COVID vaccine patent pathway

The Hindu  

In order to achieve global herd immunity and prevent new strains of COVID-19 from emerging, possibly for years to come, vaccines need to be affordable and available in massive quantities throughout the globe. The United Nations’ Medicines Patent Pool and the World Health Organization’s COVID-19 Technology Access Pool are important tools in an effort to promote voluntary licensing for COVID …

Support grows for India over patents
3 years, 10 months ago

Support grows for India over patents

Hindustan Times  

The Biden administration on Wednesday announced the US will support temporary waiver of intellectual property rights to Covid-19 vaccines, accepting a key element of a joint proposal by India and South Africa at the World Trade Organization, and said it will “actively participate” in negotiations to “make that happen”. People familiar with the matter said it is a “limited waiver” …

A WTO waiver on patents won’t help us against covid
3 years, 11 months ago

A WTO waiver on patents won’t help us against covid

Live Mint  

The drumbeat of those calling for a World Trade Organization waiver on intellectual property protection for pharmaceutical patents in the ongoing covid pandemic is getting louder. Indeed, and ironically, this is exactly what has occurred in India’s case, with a licensing agreement between AstraZeneca and Serum Institute of India that allows the latter to make vaccines for both domestic use …

[LIVE NOW] Webinar On "Revisiting The Access To Medicine Debate In The COVID-19 Era"-
4 years ago

[LIVE NOW] Webinar On "Revisiting The Access To Medicine Debate In The COVID-19 Era"-

Live Law  

The Society for Democratic Rights, New Delhi in partnership with the Georgetown University Law Center, the O'Neill Institute for National and Global Health Law, and Institute for Technology Law and Policy at Georgetown Law invites you to a Comparative Law discussion on the topic "Revisiting the Access to Medicine Debate in the COVID-19 Era". How has India's patent law enabled …

India, South Africa Are Seeking to Free Covid-19 Drugs and Vaccines from Patents and IPR. Here’s Why
4 years, 3 months ago

India, South Africa Are Seeking to Free Covid-19 Drugs and Vaccines from Patents and IPR. Here’s Why

News 18  

The race to obtain the regulator’s approval for vaccine rollout has entered its last leg in India and the government is firming up plans to immunise 30 crore people of the high-risk group in phase-1. Amid these developments, India and South Africa, backed by other developing and low-income countries, are pushing for a temporary waiver from patents and intellectual property …

USTR’s move to keep India on IP watch list could hit covid-drug access
4 years, 10 months ago

USTR’s move to keep India on IP watch list could hit covid-drug access

Live Mint  

The US Trade Representative's move to keep India on the priority watch list for patenting norms can be used to block access for affordable drugs against covid-19, said health activists. The USTR late Wednesday released its Special 301 Report, in which it continued to place India on the 'Priority Watch List' for lack of sufficient improvement to its intellectual property …

No Infringement Action Maintainable In Respect Of An Unregistered Or Revoked Patent : Delhi HC [Read Judgment]
5 years, 7 months ago

No Infringement Action Maintainable In Respect Of An Unregistered Or Revoked Patent : Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has rejected the claim of Novartis seeking injunction against Natco Pharma from manufacturing a cancer drug. In the present case, Novartis AG had filed a petition seeking permanent injunction, damages, rendition of accounts and delivery up in respect of its granted patent, Indian Patent No. The Respondent, Natco Pharma Ltd, on the other hand had submitted …

Patent restricts easy access to vital drugs
6 years, 2 months ago

Patent restricts easy access to vital drugs

Deccan Chronicle  

Hyderabad: The Centre’s move to remove patents on new drugs will come as a huge relief to patients but some vital drugs are still under a 20-year-patent rule, forcing patients to pay through their nose for these medicines. But with the removal of patent, there is hope that these drugs will be easily available,” said the national president of Doctor …

Road map to affordable medicines
6 years, 4 months ago

Road map to affordable medicines

The Hindu  

It goes without saying that no government can allow market forces a free hand in the pricing of medicines. The Narendra Modi government has been focussing on making medicines affordable by making them available through Jan Aushadhi Kendras, enabling price control of essential medicines, promoting prescription of generic medicines by medical practitioners and focussing on a conducive intellectual property regime. …

Reward innovation
6 years, 10 months ago

Reward innovation

The Hindu  

A robust intellectual property rights framework, with suitable enforcement systems, is critical to support India’s efforts to be a global leader in innovation and competitiveness. Strong IP standards can fuel the growth of domestic innovative industries, help attract greater foreign investment, and bolster India’s economic prosperity and global competitiveness. Additionally, a world-class drug regulatory framework implemented by effective drug regulatory …

Innovate in India: The country cannot afford to wait any longer for a robust intellectual property rights regime
6 years, 10 months ago

Innovate in India: The country cannot afford to wait any longer for a robust intellectual property rights regime

Firstpost  

India’s patent productivity is quite low compared to that of Japan, US, South Korea, and China. It is time for us to progress from manufacturing to innovation and an important requirement is a robust intellectual property rights system, India has improved its ranking in the U.S. Chamber’s international IP Index, to 44 out of 50 countries this year, which represents …

How India rejects bad patents
7 years, 3 months ago

How India rejects bad patents

The Hindu  

In 2005, India made some remarkable amendments to the Indian Patents Act of 1970, to keep medicines affordable in the country. Section 3 of the Indian Patents Act, a provision introduced to restrict the patenting of new forms of known pharmaceutical substances, became the subject of international attention after its use in rejecting a patent application by Novartis for the …

An Access Regime based on Indian Patents Act -Review Of "The Access Regime" by Feroz Ali
7 years, 8 months ago

An Access Regime based on Indian Patents Act -Review Of "The Access Regime" by Feroz Ali

Live Law  

Even though the Agreement on the trade-related aspects of intellectual property rights set the minimum standards of protection and enforcement of intellectual property rights, it could not harmonise the various national patent laws. Prof, Feroz Ali in his book Access Regime: Patent Law Reforms for Affordable Medicines proposes an alternative harmonisation strategy to safeguard the public interest especially to ensure …

A Grantee Of Compulsory Licence Cannot Be Deprived Of His Rights Under Bolar Exception: Delhi HC [Read Judgment]
8 years ago

A Grantee Of Compulsory Licence Cannot Be Deprived Of His Rights Under Bolar Exception: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court on Wednesday held that a grantee of Compulsory Licence cannot be deprived of his rights under 107A of Indian Patent Act.Justice Rajiv Sahai Endlaw held that Natco Pharma Ltd. can export Bayer Corporation’s patented invention- sorafenib tosylate for experimental purposes.“The condition of Compulsory Licence to which attention. Justice Rajiv Sahai Endlaw held that Natco Pharma Ltd. …

A Grantee Of Compulsory Licence Cannot Be Deprived Of His Rights Under Bolar Exception: Delhi HC [Read Judgment]
8 years ago

A Grantee Of Compulsory Licence Cannot Be Deprived Of His Rights Under Bolar Exception: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court on Wednesday held that a grantee of Compulsory Licence cannot be deprived of his rights under 107A of Indian Patent Act.Justice Rajiv Sahai Endlaw held that Natco Pharma Ltd. can export Bayer Corporation’s patented invention- sorafenib tosylate for experimental purposes.“The condition of Compulsory Licence to which attention. Justice Rajiv Sahai Endlaw held that Natco Pharma Ltd. …

Drug approvals in India near record despite FDA inspection blitz
8 years, 8 months ago

Drug approvals in India near record despite FDA inspection blitz

Live Mint  

Mumbai/New Delhi: The US Food and Drug Administration has become something of a bogeyman for India’s stock market. But even as the FDA has increased scrutiny of India, it’s been approving generic drug applications from the country’s firms at a record pace, with smaller companies like Aurobindo Pharma Ltd and Glenmark Pharmaceuticals Ltd leading the pack. “You are finding new …

NGOs urge PM to ‘resist pressure’ from U.S. on IPRs
8 years, 9 months ago

NGOs urge PM to ‘resist pressure’ from U.S. on IPRs

The Hindu  

A group of civil society organisations has urged Prime Minister Narendra Modi to ‘resist,’ what they termed,“pressure from the U.S. and the pharmaceutical multinationals based there to amend India’s Intellectual Property Rights laws”. However, in reality, promotion of IPRs has not only limited the ability of developing countries to obtain critical technologies for their economic and social development but has …

National Intellectual Property Rights: patently a missed opportunity
8 years, 10 months ago

National Intellectual Property Rights: patently a missed opportunity

The Hindu  

India’s >National Intellectual Property Rights Policy, released in mid-May, is a bewildering document. Achal Prabhala Achal Prabhala Sudhir Krishnaswamy Sudhir Krishnaswamy IP and innovation On the face of it, a >policy to grow IP, commercialise it, and thus drive economic growth sounds plausible. The National IPR Policy makes it clear that we will not roll back any aspects of Indian …

New IPR policy retains access to cheap drugs
8 years, 10 months ago

New IPR policy retains access to cheap drugs

The Hindu  

The NDA government on Friday announced the long-pending, “all-encompassing” National Intellectual Property Rights Policy. Responding to queries about the policy approved by the Cabinet on Thursday night, Union Finance Minister Arun Jaitley said, “Our approach balances consideration of inventability, innovation and public health consideration.” Though the U.S. concerns include the “rejections” of patent applications for innovative pharmaceutical products due to …

Standing up to patent bullying
9 years ago

Standing up to patent bullying

The Hindu  

Earlier this month, the media reported that India “privately” assured the United States that it will not issue any more compulsory licenses. Yet, it allows the U.S. to cite the USTR’s Special 301 process to take control of the dialogue — this forms Dr. Walker’s second stage of the abusive cycle. India is in classic third stage, with Prime Minister …

Gilead’s India patent snag may spur more low-cost Sovaldi copies
10 years, 2 months ago

Gilead’s India patent snag may spur more low-cost Sovaldi copies

Live Mint  

Mumbai: The Indian patent office’s rejection of a key patent for Gilead Sciences Inc.’s Hepatitis C treatment Sovaldi may pave the way for more low-cost copies in the country, potentially aiding local companies including Natco Pharma Ltd. The New Delhi patent office this week rejected the main patent claim for Sovaldi on grounds that it “lacks novelty” and lacks an …

Patented medicine and affordability
10 years, 3 months ago

Patented medicine and affordability

The Hindu  

India’s ongoing efforts at safeguarding its intellectual property rights have been facing challenges from different directions. In turn, there are serious implications for India’s public health programme, especially in providing affordable drugs without in any way compromising on the treaty obligations with other countries. Almost coinciding with the last national elections, the U.S. Trade Representative placed India on a ‘priority …

Why did PM Modi agree to give away India’s patent sovereignty to Americans?
10 years, 5 months ago

Why did PM Modi agree to give away India’s patent sovereignty to Americans?

Firstpost  

The agreement with the US in the sector will affect India’s sovereignty and the lives of its present and future generations. With the hype of his Madison Square Garden show overshadowing everything else, Prime Minister Narendra Modi’s US visit was dubbed as a great bilateral victory for India. It also said that “Beyond any particular action India has taken, the …

Defending India’s patent law
10 years, 10 months ago

Defending India’s patent law

The Hindu  

India and its intellectual property laws have been the subject of sharp criticism recently. “The TRIPS agreement does not limit the grounds on which compulsory licences can be granted, and does not prevent patent applicants from having to demonstrate enhanced efficacy for their allegedly new and useful inventions. India’s laws and experiences could provide a useful example for low-income and …

India can be leader in supplying medicines: Cipla chairman
10 years, 10 months ago

India can be leader in supplying medicines: Cipla chairman

India TV News  

New Delhi: India can be a global leader in supplying affordable and high quality medicines to the world, and especially to the underdeveloped countries where such medicines do not reach the poor because of their high cost and the monopoly of foreign manufacturers, said a leading entrepreneur. “India has emerged as the pharmacy of the world,” said Yousuf Hamied, chairman …

Friction over drug patents
11 years ago

Friction over drug patents

The Hindu  

Differences over intellectual property rights have emerged as a strong undercurrent in India’s economic relations with the U.S. The attempt by the influential pharmaceutical lobby to stymie India’s efforts to ensure the supply of medicines at affordable rates without violating existing treaty commitments, requires a principled response from New Delhi. At the core of the issue is what Columbia University …

Indian pharma industry could face U.S. sanctions
11 years, 1 month ago

Indian pharma industry could face U.S. sanctions

The Hindu  

The acrimonious U.S.-India exchange with regard to trade relations could degenerate with the news that the U.S. could designate India a ‘Priority Foreign Country’ or even the more stringent ‘Foreign Country Watch List’ inviting unilateral trade sanctions. The pharmaceutical sector is one of the targets and contentious issues include India’s granting domestic companies compulsory licences and refusing ‘evergreening’ of patents …

India patent regime not about access to medicine: US body
11 years, 1 month ago

India patent regime not about access to medicine: US body

The Hindu  

With U.S Trade Representative Michael Froman set to announce a trade enforcement action tied to India, the highly influential U.S Chamber of Commerce has lashed out at India’s recent pattern of pharma patent denials, pointing out that the country’s actions “are not about access to medicine.” In the case of Swiss drug-maker Novartis, whose cancer drug’s patent protections were dismissed …

Patent lies and convenient truths
11 years, 6 months ago

Patent lies and convenient truths

The Hindu  

Even as the campaign by U.S. drug majors to paint India as a haven for intellectual property pirates intensifies, the government has swung into action to stem the false propaganda. It is difficult to take issue with Ms Rao’s piece, not least because she makes fair and reasonable points; but then again, the qualifier is “reasonable.” In pertinent part, she …

Patent regime not discriminatory, India tells Novartis
11 years, 7 months ago

Patent regime not discriminatory, India tells Novartis

The Hindu  

Commerce Secretary S. R. Rao has asserted that global firms, including Swiss drug major Novartis AG, have benefited more from the country’s rules. Mr. Rao said: “You would appreciate that more than 80 per cent of patents registered in India are attributed to non-Indians. Multi-national pharmaceutical companies such as Novartis have been major beneficiaries of India’s patent regime which is …

India ready to discuss patent policies with U.S. lawmakers
11 years, 9 months ago

India ready to discuss patent policies with U.S. lawmakers

The Hindu  

Asserting that the Indian Patents Act related to pharmaceutical products is not discriminatory against foreign companies, Indian Ambassador to the United States, Nirupama Rao, offered lawmakers concerned to discuss the issue for the sake of long-term bilateral and strategic partnership between the two countries. “My senior colleagues at the Embassy stand prepared to come and meet with your key officials …

Why Novartis case will help innovation
11 years, 11 months ago

Why Novartis case will help innovation

The Hindu  

On April 1, 2013, the Supreme Court upheld the Intellectual Property Appellate Board’s decision to deny patent protection to Novartis’s application covering a beta crystalline form of imatinib —the medicine Novartis brands as Glivec, and which is very effective against the form of cancer known as chronic myeloid leukaemia. Thirdly, the Supreme Court judgment effectively recast Indian patent law as …

Patent justice
11 years, 11 months ago

Patent justice

The Hindu  

The rejection of the Novartis petition challenging one of the most progressive tenets of the Indian Patents Act, as amended in 2005 by the Supreme Court, is a landmark verdict for the public health community and the generic drugs industry, in particular, and for global health. Under the amended Indian Patents Act, Section 3 allows drug companies to obtain product …

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