Technowritings.com: Technolegal Writings and Solutions
A successful blog on Intellectual Property Law run by most renowned IPR Attorney | Reg. Patent Attorney Mr. Lokesh. Mr. Lokesh is a former freelance technical writer, successfully completed law and now He is providing services in various fields of law, that is, Intellectual Property Rights, Patent, Trademark & Copyright, Cyber Crime and drafting and vetting of various agreements and documents.
How are you? I hope you are doing well. As you know, India is a country of traditional values. It has great heritage value. India has produced great scientists who are working across worldwide. Recently, I.S.R.O had launched 104 satellites in one go, which creates history.I.S.R.O i.e Indian Space Research Organization is the space agency of the Government of India. It is headquartered in the Bangalore City. I.S.R.O vision is to "harness space technology for national development while pursuing space science research and planetary exploration." In this post, I am not going to explain the history of scientific discoveries but I will explain you about the most useful top 5 inventions which are invented by our scientists, researchers in India.
Ok, Now comes to the topic of my post which is
Top 5 inventions in India discovered by Indians.
Each and everyone resides in each and every corner of the world is aware of the most useful product which is "Button". Button was first used in the Indus Valley Civilization for ornamental purposes. The first button made in Indus Valley Civilization was made of curved shell and It is about more than 5000 years old.
2. Fibre Optics
Do you enjoy high-speed internet connection at homes, offices or in public places? If your answer is Yes then you should be thankful to the most renowned scientist of India named "Narinder Singh Kapany". He is also known as "Father of Fibre Optics". To learn more about Narinder Singh Kapany click here.
Fibre Optics is mainly used in :
a.) Internet b.) Surgeries c.) Automotive Industry etc.
3.) Plastic Surgery
In the 21st century everyone wants to look smart especially in Entertainment Industry. In Entertainment industry face value is very important.There are also various other sectors and applications in which plastic surgery is being used. Plastic surgery is the reconstruction or alteration of the human body.In the 6th century B.C an Indian physician named Sushruta made important contributions to the field of plastic surgery.
Do you love to play the game named "Ludo"? I love it too. Ludo was named Pachisi and it was originated in India by 6th BC. The evidence was found in the caves of Ajanta which is in Aurangabad district of Maharashtra state of India.
Do you practice Yoga? If your answer is Yes then you should be thankful to our saints who give this special gift to us to enrich the physical, mental, and spiritual aspects of our body.If u want to check my detailed post on Yoga, You can do it so by checking my answer of social platform named quora.
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Greetings, Are you a Law Graduate having interest in writing? If your answer is yes, then this Job Post is for you. A Company named Legal Resolved is hiring candidates for the position of "Legal Content Writer". Don't just wait and watch, Apply for this Job and grab this Golden Opportunity asap.
Important: Last date to apply for this job is 20 January 2018 i.e Today.
Name of Company:
Name of Recruiter
Where to Contact:
Contact on this Email id: firstname.lastname@example.org
Eligibility for this Job:
Whether Full Time or Part Time
Location of Job
1. Content Writing
2. Face to Face Interview
Address of Company
941, Tower-B2, Spaze Itech Park, Gurugram
Have an Internship or Job to share? Share it with email@example.com and reach 100s of young graduates and Law Students.
This post is for information purpose only. I am not responsible for any action taken by you after reading this post.
A Junior Advocate is required at Law Offices of Adv A.R.Ramanathan, Mylapore, Chennai.
Designation: Junior Advocate
Salary: Rs 12,000 pm - Rs 15,000 pm
Last Date to Apply: 20th January
How to Apply: Send your resume to Email id: firstname.lastname@example.org
Experience: With Experience or Without Experience
No 11, First Main Road, CIT Colony, Mylapore, Chennai - 600 004
Contact Nos. 044-43536558, Mobile: 9840232072
"Have a Job or internship to share. Share with technowritings.com, Top 100 IP blog and reach 100s of Law Students, Young Graduates.Share a job on email@example.com. After reviewing, Your job will be posted asap."
Disclaimer: This post is for information purpose only. I am not responsible for any action taken by you after reading this post.
Are you a Law Graduate and looking for a job in reputed bank? If your answer is Yes, then this post is for you only. I just started this column "Jobs" to help the Law Graduates, Students and reputed Advocates to update them from reputed jobs across the world. If you like my initiative then please subscribe us and motivate me to perform well.
Ok, Now come to the topic of my post:
Deutsche Bank is a reputed bank and is a German banking and financial banking services.Its headquarter is situated in Deutsche Bank Twin Tower in Frankfurt. It provides high-quality banking and financial services like business banking insurance, private banking, investment, wealth management, business loans and home loans.
This opening is for Deutsche Bank Operational International (DBOI) Global Services. It is a subsidiary of Deutsche Bank and is the bank Global processing arm. It delivers 24/7 support for the banks and its clients. DBOI is an integrated network of six processing centers of excellence in the India, Philippines. USA and U.K
Have a Job or internship to share. Share with technowritings.com, Top 100 IP blog and reach 100s of Law Students, Young Graduates.Share a job on firstname.lastname@example.org. After reviewing, Your job will be posted asap.
This post is for information purposes only. I am not responsible for any action taken by you after reading this post.
Patent attorneys or Patent agents are also called doctors of new inventions and it is a long job to get your patent done.Only first step in getting a patent i.e Patent prior search is a very long process if done by Qualified Patent Attorney or Patent agent.From this, you can realize how long and tedious task is getting a patent in India or elsewhere. Patent Agents are Engineers and/or science graduates, and Patent Attorney are Engineers plus Lawyer by profession. Patent Attorneys have combined knowledge of technology as well as legal boundaries behind that profession.
Things you need to know before calling a Patent Agent/Attorney:
1. Patent Attorney or Patent Agents time is valuable. Therefore, Take an appointment before calling a Patent Attorney or Patent Agent.
2. Be ready to accept the questionnaire about your product/idea.
3. It is advisable to read the basics of the patent before visiting the patent attorney/agents as they don't like willy-nilly decisions.
4. Respect the advice given by patent agent and attorney as they are bound by their bar to give you right decision.
5. If you insist to sign NDA then there is no problem.
Have you ever see a reputed lawyer taking calls of their clients and converse in the very relaxing mood. It's not possible. And Even a reputed doctor has some consultation fee just for a single visit. Patent Attorneys | Agents are a much-reputed profession and you can't expect a free consultation as they are very busy in their work schedule.
Technology is changing our world. In this digital revolution, Anything present on the Internet can be considered as a proof or evidence (if found correct).
On May 4, Use of Whatsapp and Email had been allowed in Judicial Proceedings of Honorable Delhi High Court. Whatsapp is popular cross platform messanger application for smartphones used to send and receive text, audio, video messages. Whatsapp has a few patents and filed a number of other applications.
On May 6 An appeal had been filed by an old man in the Rohini Civil Court (India) to restrict his son and his daughter-in-law, her parents, and friends from entering his property. The court asked him to send a notice to all person involved in such heinous crime. In reply, He told the court that It will take time and it is strong possibility that all the members including his son and daughter-in-law will enter into his home forcefully before the notice can be served.
Therefore, Honorable Court suggests him to serve the notice via WhatsApp. He does the same.
After that On May 8, the man submitted colored photocopies of WhatsApp chat showing blue ticks to the Honourable Court. The Honourable Court said that the served notice was read by his son, daughter-in-law and other members via Whatsapp and they certainly have knowledge of summons and hearing today.
After these proceedings, The Honorable Court Ordered the defendant restrained from trespassing the plaintiff property till the next date of hearing.
Whatsapp blue tick feature was introduced in November 2014 and it is good to see that technology not only solves our day to day problems but also helps us to save from such heinous crimes.
In the previous article, I had given you an overview of “How to File a Patent in India”. In this detailed post, I will tell you about necessary documents to filing a patent in India and What is the cost to filing a patent in India. Indian Patent office is trying their best to make the patent registration process as user-friendly as possible. All forms are available online. Mentioned below are:
1.)Documents required to Filing a Patent in India:
Form 1 (Application for Grant of Patent)
Form 2 (Provisional Specification/Complete Specification)
Form 3 (Corresponding foreign patent application statement and undertakings)
Form 5 (Declaration as to Inventorship)
Abstract of the Invention (in duplicate)
Form 26 (Power of Attorney). If your Patent is filed by a Patent Attorney/Agent or Other Legal Representative then this form is used, else not.
It is a form in which an inventor authorize “Registered Patent Attorneys, Agents or Other any person in a matter or proceedings under the act” to handle the patent registration process on his/her behalf.
It is a form in which an inventor declares that he/she have not made any application for the same invention outside India or If an inventor has made any patent application for the same application outside India then he/she have to give the particulars of the patent application in this form.
This form extracts information about the inventors, type of applicant such as Natural Person, Small Entity, Startup or others, Title of the Invention and Information about patent i.e whether the application is “P.C.T entering into national phase” or “divisional application” or “Patent of Addition”. Some declaration followed by the attachment at the end.
These are some basic form used in filing patent applications in India. Now, I will explain:
2.)What is the cost to filing a Patent in India?
It is a most asked question by new inventors, research organizations, and Industries. In this post, I will try my best to provide you an accurate and most precise answer.
There are two types of fees involved in Patent Registration Process:
Government Fee is the fee charged by the government of India. It can be form fee, request or renewals fee.It is also not a fixed fee. It can vary from Individual to Corporations, Small Entity to Large Entities or extra sheet fee for claims and there are various other factors plays an important role in fluctuating government fee. You can check government fee by clicking here.
Patent Attorneys, Agents or Professional Fee.
Patent Attorneys, Agents or Professionals are the doctor of your invention. Getting a patent done is a long process.They have combined knowledge of technology as well as legal boundaries behind that profession. Various risks factors are involved in Patents such as Infringements, Responds to Objections (in Patent Prosecution) especially in Patent Search part in which I definitely suggest you use the services of Registered Patent Attorneys, Agents or Professionals. They not only advise you the best but also helps you in reducing the fee by using special form filling skills. Also, A skilled professional can do patent prior art search which is also known as novelty search.
Yet, If I have to give you an estimate to hire a patent professional then the approximate range will be 45k to 65k. It may vary from one professional to another. Also, Knowledge in Patent Law Domain, Experience in the field also plays an important role in judging the caliber of Patent Professional in India.
It is a one time charged fee and you will receive the services such as→
1. )Novelty Search (Patent Prior Art Search)
2.) Patent Drafting (Including Drawing and Specifications)
4.)Responds to Objections.
This is a one time fee charged by patent professional excluding patent litigation which can only perform by Patent Attorneys.If you want to use the service of Patent Attorneys then you have to spend some extra bucks including the fee charged by patent professionals as mentioned above. Only a patent attorney can save you from “Patent Infringement” and litigate on your behalf.
One time charge for Registered Patent Attorney can vary from 65k to 2L per patent application or more or less.
“The fee that I had mentioned varies from one professionals to others, one company to other. It is not an exact amount. This is an approximate fee in India. If you want to use the services of other countries professionals fee may vary”
Non Disclosure Agreement.
This is the first step in which you explain about your invention to Patent Professional or Attorney. In this step, A Non Disclosure Agreement is signed between both parties i.e Inventor and Patent Professional. Attorneys are free from this process because they are governed by respective state bar council and according to rules and regulations of “Advocate Act, 1961” Advocates are bound to keep the information secret between him and his client. But if you insist him to sign an N.D.A then there is no problem (i think so)
2. Patent Prior Art Search. (Rs 15k to Rs 25K)
After signing an N.D.A, Patent Professional or Patent Attorneys will perform Patent prior art search. Patent professionals or Patent Attorneys can perform patent prior art search by using their skills and knowledge gained through experience, degrees etc. After that, they will create a Patent Prior Art Search Report.They can perform Prior Art search either by→
Retrieving Online Database/Libraries. (or)
3. Whether Go Ahead or Not.
A report will be generated by Patent Professional or Patent Attorney in the second step and they will tell you What is good for you by analyzing the report. Now, It is you who will decide whether to go ahead or not. If you want to go ahead then next step is Drafting of Patent application.
4. Drafting/Writing of Patent Application (Rs 35k to 40K)
Only a good patent professional or patent attorney will provide you this service. Drafting a patent requires techno legal that every patent professional has to learn. Patent Attorneys are individuals who have a degree in science, engineering, and technology, in addition, a degree in law. They will definitely provide you best patent drafting service and filing service including patent litigation. Patent Agents are also engineer by profession. You can also use their services if you want.
5. Patent Filing (Rs 8k to 10K)
Patent Filing is an also important step in Registration of Patent. Your patent will be published after the expiry of 18 months. If you want early publication services your patent will be published before 18 months.
6. Request for examination(5k or 15k or 20k depends upon the applicant)
Within 48 months of filing the patent application, you must apply for a request for examination. After applying for a request for examination, patent examiners will check your invention and judge it on the basis of novelty, non obviousness and industrial application and enabling.
7. Responds to objection.
Patent Professionals or Patent Attorneys will “Responds to Objection” and if the response will be accepted by controller, your patent will be granted and you will enjoy 20 years of a patent grant from date of filing the patent.
8. Grant of Patent
Finally, you will get a grant of patent.
9. Patent Litigation (Fee May Vary)
Patent Act 1970 does not directly define the patent infringement related activities but section 48 of Indian Patent Act, 1970 gives the exclusive right to patentee to prevent the patent from third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India. If third parties, such as companies, persons etc are making, using, selling or offering for sale then you can directly call Patent Attorneys and File Patent Infringement against the culprit.It is the most important part in whole Patent Filing Process. That’s why Patent Attorneys costs you so much high. At last, I want to say that Patent Registration is a long process. Just take your time and effort to search for a good patent attorney or patent professional of your choice.A good decision will save your time, money and most important your invention.
Have you ever see a reputed lawyer taking calls of their clients and converse in the very relaxing mood. It's not possible. And Even a reputed doctor has some consultation fee just for a single visit. Patent Attorneys are a much-reputed profession and you can't expect a free consultation as they are very busy in their work schedule
This post is for information purpose only. I will not responsible for any action taken by you after reading this post.
In this post, I am going to explain you about "How to trace an Email Address Online". An Email is a short form of Electronic Mail. Nowadays, Email is a most important and popular form of communication medium.There exists "IP Addresses" behind every Email Addresses. To track an Email Address first you need to know about "IP Address" of the sender.It is not possible for you to track some of the Email Addresses because some Email providers hide the originator Internet Protocol field which is an essential thing in the tracking of Email Addresses. For this, You need to take the help of Law Enforcement Authorities or Techno Legal Experts.
1.In the first step open the Email using your web browser like google chrome or any other browsers of your choice.Also please don't open any suspicious attachment attached in the email because they can be virus, worms or keyloggers such as trojan horses etc.
2. In Second Step, Your work is to find the Email Header. Email Header contains routing information such as sender, recipient, date, and subject. For this, Click on the drop down menu adjacent to the Reply button.After that, Click on Show Original.
3. You will see something like this. Copy this code.
5. After that, It will show you the source IP Address. Copy it.
6. Open iplocation.net and paste the source ip address in the search box. After that click on IP Lookup button.It will show you Country, Region, City, ISP, Organization, Latitude, Longitude information related to the source IP Address.
“Every artist dips his brush in his own soul and paints his own nature into his pictures” [i] as this is rightly quoted by James Baldwin. An art for the world may be just a piece of decoration which they own in exchange for money but for an artist, it is a piece of his own soul as he has created it by his thoughts, innovation, and creativity. An artist cannot lose all the rights if he has fully or partially assigned the copyright to someone else. This is supported by Universal Declaration of Human Rights as in Article 27(2) it has been quoted “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author”[ii] If you are an artist and you are creating a work no matter who has financed or provided the means to create the work it is you who is applying thoughts and soul for creating it and an artist will be having moral rights over the work as it is a human right no one can take away the right to authorship or your right to Integrity on the work.
CONCEPT OF MORAL RIGHT
The moral right has not been given a direct place in copyright act 1957 of India but it has been provided under section 57 – Special Rights of Author this provision is taken from Bern Convention Article 6bis. Initially, this section covers only literally work but after a landmark judgments the court widened the scope of Article -57 now it includes literary, artistic, musical, dramatic and cinematograph films. Copyright is a form of intellectual property protection granted under Indian law to the creators of original works here original work means a work which has not been copied from someone’s work. The copyright act consists a bundle of exclusive rights to the owner of the copyright. Here copyright act provides protection to the author in two forms – a. Economic right b. Moral right. The author enjoys the economic right under section 14 of the act. As per section 17, First owner of copyright: - Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright.[iii]
WHAT ARE MORAL RIGHTS?
As per section 57, there are two basic moral rights of an author.These are:-
A. Right to Paternity, and
B. Right to integrity
Which has been defined as per the act as - Authors special rights:- (1) Independently of the author's copyright and even after the assignment either wholly or partially of the said copyright, the author of a work shall have the right to claim the authorship of the work as well as the right to restrain, or claim damages in respect of, ---
(a) any distortion, mutilation or other modification of the said work; or
(b) any other action in relation to the said work which would be prejudicial to his honor or reputation.
(2) The right conferred upon an author of a work by sub-section (1), other than the right to claim authorship of the work, may be exercised by the legal representative of the author. [iv]
INFRINGEMENT OF MORAL RIGHTS
The court has the discretion to choose remedies for copyright infringement and it varies from country to country like in Australian copyright, if a creator makes a claim for infringement of moral rights, the remedies a Court can grant include –
-Financial compensation (damages)
-An order to prevent or stop a particular activity (an injunction),
-An order that any false attribution of authorship, or derogatory treatment of the work, be reversed or removed. [v]
In India, a case decided not too long ago by the Delhi High Court, Amar Nath Sehgal v. Union of India(2002(2)ARBLR130(Delhi); 2005(30)PTC253(Del)) discusses the issue of moral rights in substantial detail. In this case the author created a mural and it was placed in the Vigyan Bhawan but it was pulled down without the permission of author and hence he filed a suit against the Ministry of Human Resource under section 57 of copyright act 1957 and it was held that though the copyright is vested with the ministry but the author has special rights under the act and it was quoted by Justice Pradeep Nandrajog “In the material world, laws are geared to protect the right to equitable remuneration. But life is beyond the material. It is temporal as well. Many of us believe in the soul. Moral Rights of the author are the soul of his works. The author has a right to preserve, protect and nurture his creations through his moral rights”[vi] In a recent case of Sartaj Singh Pannu v. Gurbani Media Pvt. Ltd. and Ors., 2015, decided by a Single Judge Bench of the Delhi High Court, waivers of moral rights were touched upon. The court stated: "[....] the Court is not prepared to go as far as to deny the right of a Director to waive his right to be credited as such if for any reason he does not want his name to be associated with the film. As long as the waiver is voluntary, it cannot be said to be opposed to public policy."[vii] The biggest question that keeps on following the act since the commencement of act is whether the moral rights can be waived in India but as we can see that the statute is not clear about this question and there are few cases which deal with this the question is still debatable. According to two authors, “Indian law would probably permit waiver of moral rights if it is in writing and meets the “reasonableness” standard
Moral right protects the interest of an author that even after the copyright has been assigned to someone else his moral right cannot be taken by them. The author has the right to integrity and right to paternity in his work till his death and even after his death the legal representative can enjoy this right. The statue needs to be clearer about the concept of moral right and it should clearly define whether it can be waived or not. India also needs to widen the type of moral right as it cannot be summed up in 2 rights an author should be given much more importance.
[i] http://www.creativityatwork.com/2012/01/04/quotations-creative-spirit-in-art-and-livelihood/ as accessed on 18th May,16
[iii] https://indiankanoon.org/doc/1404402/ as accessed on 20th May,16
[iv] http://www.ircc.iitb.ac.in/webnew/Indian%20Copyright%20Act%201957.html as accessed on 20th May,16
[v] Wadhwa, Dr. B.L., “Law relating to Intellectual Property Rights”, Universal Law Publication Co., Fourth Edition.Pg. no. 303.
[vi] De-Coding Indian Intellectual Property Law http://spicyip.com/2007/12/moral-rights-under-copyright-laws-peep.html
[vii] http://copyright.lawmatters.in/2010/07/getting-moral-rights-waived.html Indian Copyright -Exploring copyright, content and related issues from an Indian perspective. ART AND INDIAN COPYRIGHT LAW: A STATUTORY READING
Nowadays, Getting a Patent in India is a user-friendly process. Just visit the Controller General of Patents, Designs and Trademark website and follow their rules and regulations. But there are some
Things you should keep in mind before getting a Patent in India:
Clearly Understand the Patent Process:
Getting a Patent in India or Elsewhere is a long process. Before getting a patent in India you must know the Patent Process Workflow which will be beneficial for you in future. Also, Please understand Mere Just an idea is not patent able. You have to work on it.
b. Have you invention already been Patented (If No then go to Step c) To check whether your invention is already Patented or not, You must do Patent Prior Search. Patent Prior Search is an important step before filing a patent in India.
c. Patent Drafting. Patent Drafting is an important step before filing a patent in India. In India, There are two types of Patent Specifications.
i. Provisional Patent Specifications. Provisional Patent Specification is a low-cost mechanism to secure the filing dates. You have been given 12 months of time by Indian Patent Office to file the complete patent specification.
ii. Complete Specifications. Provisional Patent Specification is an optional step. If you have complete information about your invention then you can directly file complete specifications. A complete specifications shall be filed within 12 months from the date of filing of Provisional Application, and if the complete specification is not filed then you patent application shall be deemed to abandoned.
Content of Specifications (1) Every specification, whether provisional of complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates.
(2) Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the Controller otherwise directs be deemed to form part of the specification, and references in this Act to a specification shall be construed accordingly.
(3) If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished before the application is found in order for grant of a patent, but such model or sample shall not be deemed to form part of the specification.
(4) Every complete specification shall--
(a) fully and particularly describe the invention and its operation or use and the method by which it is to be performed; (b) disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and (c) end with a claim or claims defining the scope of the invention for which protection is claimed; (d) be accompanied by an abstract to provide technical information on the invention:
d. Publication of the Application. The application is published after 18 months of first filing date. If you request for early publication, it can be published within a month of first filing.
e. Request for Examination. An Examiner will check your invention on the basis of i. Novelty ii. Non Obviousness iii. Industrial Application and Enabling etc. If you have performed Patent Prior Search i.e Step b of Patent Process Workflow there is nothing to worry. A first examination report is generated by Examiner and submitted to Controller. This is also called Patent Prosecution.
f. Respond to Objections.
g. Clearing all Objections.
h. Grant of Patent. If everything goes fine you will get an award of your hard core struggle and your patent will be valid for 20 years from the earliest filing date of application.
2. Documents required to file Provisional patent applications in India
Your documents must be in order. Without proper documents and specifications, you are throwing a stone in the river without knowing where it will go. Mentioned below are the lists of documents that are required to file a patent online.
A. Form 1 ( Application for grant of patent)
B. Form 2 (Provisional Specifications)
C Abstract of the Invention.
D. Form 5 ( Declaration of Inventorship)
E Form 26 (Power of Attorney). If your patent is filed by a Patent Agent then this form is necessary, otherwise not.
F E-filing fees (Patent Statutory fee) (Electronic Payment)
G. Form 3 (Corresponding foreign patent application statement and undertakings)
H. Priority Document ( This is used for convention applications if priority date is claimed)
3. After Careful analysis of Patent Workflow Process and Document Analysis.
You have understood:
a. The Value of Patent Prior Search.
b. Timing Importance.
c. The Importance of Patent Prosecution.
d. Documents required in Patent Filing.
e. How to get a patent online. etc.
Now comes the important part:
There exist several terms which can reduce your filing costs such as Household incomes, Small Entity/ Large Entity etc. Also, Patent Prosecution is a crucial step in deciding whether you will get patent or not. Also, It is directly proportional to Patent Infringement Cases. You can do it alone but I would definitely suggest you use the services of Registered Patent Attorney in India.
Disclaimer: This answer is for information purpose only and does not constitute any legal advice or suggestion. I will not be responsible for any action taken by you after reading this answer.
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