Home > Draft Regulations for the use of the Certification Marks "DARJEELING" and "DARJEELING" Logo under
Protection and
administration of Darjeeling in India
The procedure is as follows:
Form 1
On the Letterhead
of Applicant
I/We* wish to
execute the License Agreement with the Tea Board of India for use of
the "DARJEELING” (word) under Registration No. 831599 and/or
the Darjeeling Logo, under Registration No. 532240 in class 30 and enclose
an A/C payee demand draft for Rs. [ ] payable to the Tea
Board of India towards part payment of the annual License Fee.
I/We* agree to
abide by the attached Regulations as well as the terms of the License
Agreement in relation to my/our* use of the Certification Mark/s.
I hereby declare
that the aforesaid information is true and correct to the best of my
knowledge and belief.
Place:
Date:
____________________________
(Authorized Signatory of the
Applicant or the
Applicant)
Verification:
* Checked and
verified the above information and recommended that the applicant is
a member of the Tea Trader’s Association of _______________________________________
and/or is also a member of Tea Council of ________________________________________
and/or exporter/Re-exporter of Darjeeling Tea.
Place :
Date :
(Authorised
Signatories of Tea Trader’s Association and/or Tea Council of __________
or the Indian Tea Exporter having User Licence Number ___________________of
DARJEELING CTM.
*strike out
whichever is not applicable.
INTRODUCTION
TO THE CERTIFICATION MARK LICENSE PROGRAM
A. The Tea Board of India
All teas produced
in the tea growing areas of India are administered by the Tea Board,
India ("the Board") under the Tea Act, 1953 (hereinafter,
the Tea Act).
The
Board was established by the Indian Government in 1953 for the purposes
of controlling the Indian tea industry. The constitution of the
Board is diverse and its members represent the Indian Parliament, owners
of tea estates, growers of tea, the Governments of the principal tea
growing states of India, employees of tea estates and gardens, exporters
of tea, internal traders of tea, tea manufacturers and tea consumers.
The
objects of the Board are, inter alia, to regulate the production and
cultivation of tea in India, to encourage research, to regulate the
sale and export of tea, to provide training in tea testing and fixing
grade standards of tea, and improving the marketing of tea in India
and elsewhere. The Board has numerous statutory duties and functions
under the Tea Act and its various enabling Orders which govern production,
marketing and export of teas.
The
Board is not involved in the manufacture or trade of tea and is run
on a non-profit making basis.
B. Tea
From the District of Darjeeling, India
The
District of Darjeeling is situated in the state of West Bengal, India.
Since about 1835, tea has been cultivated, grown and produced in certain
tea gardens geographically located in the areas within the State.
Due to the unique and complex combination of agro-climatic conditions
prevailing in the region and the production regulations imposed by the
Board, such tea has a distinctive and naturally occurring quality and
flavour which has won the patronage and recognition of discerning consumers
all over the world. Consequently, such tea, known worldwide as
DARJEELING tea, has acquired both domestic and international reputation.
Any member of the trade or public in India or abroad ordering or purchasing
DARJEELING tea will expect the tea to be the tea cultivated, grown and
produced in the defined region of the District of Darjeeling and to
have the special characteristics associated with such tea.
Since
its establishment, the Board has had sole control over the growing and
exporting of Darjeeling tea. It is that control which has given
rise to the reputation enjoyed by Darjeeling tea.
C. Regulations
and the Licensing Program
In order to
ensure that the reputation of DARJEELING tea is maintained, the Board
has registered the "DARJEELING Logo" and "DARJEELING”
(the word mark) as certification marks and geographical Indications
in India. The Regulations governing use of the DARJEELING certification
marks guarantee that tea sold under the marks is produced in the defined
regions of the District of Darjeeling and meets the criteria laid down
by the Board. This is in the interest of both the tea trade and
the tea consumer. In addition, infringement or falsification of the
aforesaid registrations and violation of the said regulations entail
civil liability under the Trade Marks Act, 1999, civil and criminal
liability under the Geographical Indications of Goods Act, 1999 and
Copyright Act, 1957 and criminal liability under the Indian Penal Code
1860.
Further,
the Board has put in place a licensing program to ensure the supply
chain integrity for DARJEELING tea so that the tea leaving the shores
of India and claimed as Darjeeling tea the world over is genuine DARJEELING
tea. A license to use the certification marks will
be granted without discrimination to anyone who applies, provided the
tea meets the required criteria.
All licenses
to use the Certification Marks incorporate the Regulations by reference
in order to put in place a system that meets the dual objective of ensuring
that (a) tea sold as DARJEELING tea is genuine DARJEELING tea and (b)
all sellers of genuine DARJEELING tea are duly licensed. This
license program affords the Board the necessary information and control
over the Darjeeling tea industry to ensure that tea sold in worldwide
under the Certification Marks adheres to the standards for DARJEELING
tea as set forth in these Regulations.
CERTIFICATION MARKS
Indian Registration No. 532240 dated October 9, 1986
&
DARJEELING (word mark)
Indian Registration No. 831599 dated December 10, 1988
In respect of
Tea in India
1. GENERAL DEFINITIONS
For
the purposes of these Regulations, unless the context otherwise requires,
the following definitions shall apply:
(a) “Proprietor”
means Tea Board of India, 14 Biplabi Trailokya Maharaj Sarani (Brabourne
Road), P O Box No 2172, Calcutta 700001, India;
(b) "Certification
Marks" means the certification marks "DARJEELING” (word)
under registration No. 831599 and the Darjeeling Logo under Registration
No. 532240 depicted in Schedule
I hereto ;
(c) "Person"
shall include any company or association or body of individuals, whether
incorporated or not;
(d) "License"
means a license issued by the Proprietor in accordance with these Regulations;
(e) "Licensee"
means any person with a subsisting License from the Proprietor to use
the Certification Marks;
(f) “User
License Number” means the number issued to the licensee on issueance
of a License.
(g) "Packet
tea" means tea packed in unit packs or containers of the types
which are ordinarily put up for the purposes of retail sale under the
Certification Mark/s.
(h) “Register”
means the Register of licensees of the Certification Mark/s maintained
by the Proprietor/
2. DEFINITION
OF “DARJEELING TEA”
“DARJEELING tea” is tea that:
(a) is
cultivated, grown or produced in the tea gardens in the geographic areas
listed in the attached Schedule II and which have been registered
with the Proprietor in accordance with the provisions of the (Indian)
Tea Act, 1953 or any relevant law which may replace this Act;
(b) has
been cultivated, grown or produced in one of the tea gardens listed
in Schedule III (which may be amended from time to time by the
Proprietor);
(c) has
been processed and manufactured in a factory located in the geographic
areas listed in the attached Schedule II as aforesaid; and
(d) when
tested by expert tea tasters on behalf of the Proprietor, is determined
to have the distinctive and naturally occurring organoleptic characteristics
of taste, aroma and mouth feel typical of tea cultivated, grown and
produced in the region of Darjeeling, India. Tea tasters are considered
competent to evaluate these characteristics as a result of many years
of practical training and experience in the assessment of tea and their
highly refined sensory perception, in particular, in relation to the
sensations of smell, taste and mouth feel of different types of tea.
3. OWNERSHIP
OF CERTIFICATION MARKS
The Certification
Marks are the absolute property of the Proprietor and shall not be used
by any person except a Licensee. The power of issuing and terminating
a license is vested in the Proprietor. The decision to issue and/or
cancel a license is dependent solely on conformance with the criteria
set forth herein.
4. USE OF THE
CERTIFICATION MARKS
4.1. So as
to ensure that the Certification Marks are only used by a Licensee pursuant
to the standards set forth in this section, all Licensees will be required
to execute a License attached as Schedule IV governing their
use of the Certification Marks. In consideration of the
rights of Licensed use of the Certification Marks granted to the Licensees,
the Proprietor shall charge Licensees License fee in terms of schedule
attached as Schedule V. Every applicant for a License to
use the Certification Marks undertakes that the tea in respect whereof
it will use the Certification Marks conforms to these Regulations and
the terms of the License.
4.2 The Certification
Marks shall be applied to or used only in relation to such tea that
satisfies the characteristics of DARJEELING tea as set forth in Section
3 of these Regulations. Specifically, except as set forth in Sections
5.3 and 5.4 below, the Certification Marks, whether used in conjunction
or isolation, shall always be used to certify that 100% of the tea derives
from a single tea garden in Darjeeling, India, as such gardens are listed
in Schedule III.
4.3 The Certification
Marks may be used in relation to a blend of DARJEELING tea drawn from
more than one tea garden in Darjeeling, India, as listed in Schedule
III, only if each tea constituting the blend has been derived from
a single tea garden in Darjeeling, India, as such gardens are listed
in Schedule III. In such case, the packaging for the tea
must clearly indicate that the tea is a blend of DARJEELING tea with
prominent use of the term “blend” or the term “blended.”
4.4 The Certification
Marks may not be used in relation to a mixture of DARJEELING tea with
teas of origin other than Darjeeling, India. If DARJEELING tea is one
of the components of a tea mixture that includes some portion of tea
that does not conform to the characteristics defined in Section 2, the
tea mixture must not be named or referred to as “DARJEELING Tea”
and the word “Darjeeling” may only be used and must be used on the
packaging to accurately set forth the proportion of DARJEELING tea in
the tea mixture (e.g., in a list of ingredients). In such cases,
the term “Darjeeling” must appear in a font, design and size that
does not misrepresent to the consumer the content and origin of the
mixture.
4.5 The Certification
Marks shall be applied to packaging for DARJEELING tea so that they
are clearly visible to purchasers / consumers. All representations
of the Certification Marks shall be accompanied by an indication that
they are certification marks of the Proprietor. Subject to these
Regulations, the Licensee shall decide the way in which the Certification
Marks may be represented including specifications as to colour, size
and lettering of the Certification Marks (with the exception of the
DARJEELING Logo, which must appear as presented in Schedule I
hereto) and what matter of any description may be used in close association
with the Certification Mark and in what relationship, except that the
Certification Marks must appear in a different size or font than the
Licensee’s trademarks and company name. In the event of any
representation of the Certification Mark being considered unsuitable
by the Proprietor, the Licensee shall terminate such use.
4.6 Licensees
may not use or seek to register the Certification Marks as a trademark,
or as part of a trademark or trade name, for the goods or services of
the Licensee.
5. HOW THE SCHEME
WILL BE POLICED / MONITORED
5.1
To help ensure the integrity of the supply chain of DARJEELING tea and
so that the Proprietor may monitor the quantity of DARJEELING tea exported
our of and sold in India, and for the purpose of ensuring that tea other
than tea described in Section 2 of these Regulations is not being sold
as DARJEELING tea, for each calendar year, all Licensees shall submit
to the Proprietor an annual report of purchases, sales and inventory
of DARJEELING tea, in the form of Schedule VI (the “Annual
Report”). The Annual Report for each calendar year shall
be due to the Proprietor immediately on the expiration thereof.
5.2 So that
the Proprietor may monitor the legitimacy and quality of DARJEELING
tea exported out of and sold in India, at the Proprietor’s request,
Licensees shall submit
to Proprietor a sample of tea sold by the Licensee and/or packaging
used by the Licensee. Licensees shall submit any samples requested
pursuant to this paragraph to Proprietor within two (2) weeks of receipt
of such request from the Proprietor.
5.3 So that
Proprietor may monitor the legitimacy and quality of DARJEELING tea
exported out of and sold in India, Proprietor shall be entitled to inspect,
prior to and after the grant of a license, during business hours and
with reasonable notice to applicant / Licensee, any premises where DARJEELING
tea is being processed, manufactured, packed or stored, for the purpose
of ensuring that the standards laid down by the Proprietor are being
adhered to and complied with. Any License will be conditional
on the Proprietor being so satisfied.
6. REGISTER
OF LICENSEES
6.1 The
Proprietor shall keep at its offices a Register wherein shall be entered
the names, addresses and trade descriptions of each Licensee, the date
of his registration, particulars concerning the cancellation of any
previous License, and such other particulars as may from time to time
be prescribed or deemed necessary by Proprietor.
6.2 The
Register will be available for inspection at Director of Tea Promotion,
Tea Board, 5th Floor, 14, B.T.M. Sarani (Brabourne Road), P O Box No
2172, Kolkata 700 001, India. Any person wishing to inspect the
Register shall give reasonable notice to the appropriate office of the
Proprietor where such inspection is to take place.
7. BREACH OF LICENSE
7.1 These
Regulations are incorporated into all licenses by reference. The
Proprietor and/or Licensees may terminate a License without prejudice
to their other remedies forthwith by notice in writing to the other
if the other party commits a breach of the License; provided that if
the breach is capable of remedy the notice shall only be given if the
party in breach shall not have remedied the same within one month of
having been given notice in writing specifying the breach and requiring
it to be remedied.
7.2 If a Licensee uses the Certification
Marks in an unauthorized, misleading or deceptive manner, or in any
manner that defames or causes disrepute to DARJEELING tea, or if Licensee
is convicted of any offense leading to the discredit of his reputation
or good faith as a trader, or is adjudicated bankrupt, or goes into
liquidation (other than voluntary liquidation for the purpose of amalgamation
or reconstruction), or has a receiver appointed over his assets, the
Proprietor may terminate the License.
7.3 Except
as otherwise set forth herein, and specifically subject to Sections
7.1 and 7.2, the Proprietor may not terminate a License.
7.4 If the
Proprietor terminates a License pursuant to the provisions of the License
and these Regulations, the former Licensee may not use the Certification
Marks for any purpose. This provision survives termination of
a License by the Proprietor.
8. PROCEDURE
FOR RESOLVING DISPUTES
In
the event of the issue of a License being refused or a License being
terminated by the Proprietor, the person concerned shall, during the
period of sixty days immediately succeeding the date of such refusal
or termination, have the right to appeal against such refusal or cancellation
to the Registrar of Trade Marks, India, provided that he at the same
time gives notice of such appeal to the Proprietor. The decision
of the Registrar of Trade Marks on such appeal (after submission to
it of such written and/or oral representations as the parties decide
to make or as it shall require) shall be final and binding on the Proprietor
and the person concerned.
9. NOTICES
Any
notice given by the Proprietor to a Licensee pursuant to the Licensee’s
license shall be deemed to have been duly given if forwarded through
the post by prepaid letter addressed to the Licensee set forth in its
license. Any notice given by an Licensee to the Proprietor shall
be deemed to have been duly given if forwarded through the post by prepaid
letter addressed to the Proprietor at Director of Tea Foundation, Tea
Board, 5th Floor, 14, B.T.M. Sarani (Brabourne Road), PO Box 2172, Kolkata
700 001, India.
10. POWER TO AMEND
Subject to
the consent of the Registrar of Trade Marks, the Proprietor may alter
these Regulations in accordance with the provisions of the Trade Marks
Act, 1999 or any other law for the time being in force in India
11. DELEGATION OF POWERS
The Proprietor may authorise such persons as deemed appropriate by it to make tests and inspections in pursuance of paragraph 5.3 of these Regulations on its behalf. Such persons may include, for example, expert tea tasters, public analysts or such other persons or bodies deemed competent under the relevant food laws and regulations in force in India from time to time. The Proprietor may require that an authorised user obtain a certificate from such a person in order to be entitled to use the Certification Mark. For the purpose only of making tests and inspections, the Proprietor may from time to time delegate its powers to a Management Committee duly appointed by a Resolution of the Proprietor, and/or its Board who may be appointed and selected to represent the Proprietor, subject always to such conditions as the Proprietor may from time to time impose.
SCHEDULE
1
DARJEELING (word mark)
Indian Registration No. 831599 dated December 10, 1988
DARJEELING LOGO
Indian Registration
No. 532240 dated October 9, 1986
In respect of
Tea in India
SCHEDULE II
The following
areas within the District of Darjeeling in the State of West Bengal,
India;
(iii) Kurseong
sub-division excluding the areas in the District of Darjeeling Authority’s
Jurisdiction List numbered 20, 21, 23, 24, 29, 30 and 33. These
areas under above seven jurisdiction list numbers, are non-hilly areas
of the Kurseong sub-division of the district of Darjeeling, which are
not capable of producing tea of the requisite standard.
SCHEDULE III
1. Alloobari | 33. Margaret’s Hope | 65. Samabeong |
2. Ambiok (Hilton) | 34. Marybong | 66. Selimbong (Rongbong) |
3. Arya | 35. Mim | 67. Soom |
4. Avongrove | 36. Mission Hill | 68. Singtom |
5. Ambootia | 37. Moondakotee | 69. Steinthal |
6. Badamtam | 38. Mohan Majhua | 70. Sungma |
7. Barnesbeg | 39. Makaibari | 71. Selim Hill |
8. Bannockburn | 40. Mullotar | 72. Singbulli |
9. Balasun | 41. Mahalderm | 73. Sivitar |
10. Chongtong (Sirisi) | 42. Monteviot | 74. Springside |
11. Chamong | 43. Nagri | 75. Soureni |
12. Castleton | 44. Nagri Farm | 76. Singell |
13. Dhajea | 45. North Tukvar | 77. Sepoydhoorah (Chamling) |
14. Dooteriah | 46. Narbada Majhua | 78. Seeyok (Spring Valley) |
15. Dilaram | 47. Nurbong | 79. Tukvar (Puttabong) |
16. Edenvale | 48. Namring & Namring (Upper) | 80. Tumsong |
17. Ging | 49. Oaks | 81. Turzum |
18. Gielle | 50. Okayti | 82. Tindharia |
19. Glenburn | 51. Orange Valley | 83. Thurbo |
20. Gopaldhara | 52. Pandam | 84. Tukdah |
21. Goomtee | 53. Pashok | 85. Teesta Valley |
22. Giddapahar | 54. Phoobsering | 86. Upper Fagu |
23. Gyabaree & Millikthong | 55. Poobong | 87. Vah Tukvar |
24. Happy Valley | 56. Pussimbing (Minzoo) | |
25. Jogmaya | 57. Phuguri | |
26. Jungpana (Jungpapa Upper) | 58. Rangaroon | |
27. Kalej Valley | 59. Ringtong | |
28. Kumai (Snowview) | 60. Risheehat | |
29. Lingia | 61. Rohini | |
30. Liza Hill | 62. Runglee Rungliot | |
31. Longview (Highlands) | 63. Rungmook/Cedars | |
32. Lopchu | 64. Kanchaan View |
SCHEDULE
IV
CERTIFICATION
MARKS LICENSE AGREEMENT
User
License Number:
This License,
effective as of the date of full execution, is by and between Tea Board,
India, a statutory body created by authority of the Government of India,
B.T.M. Sarani (Brabourne Road), PO Box No 2172, Calcutta, India (“Licensor”),
on the one hand, and ___________________________ (name) doing
business at __________________________________________ (“Licensee”),
on the other hand.
WHEREAS
the Licensor is the owner of the Certification Marks "DARJEELING
Logo”, Indian Registration 532240 and DARJEELING (word) Indian Registration
No. 831599 and in class 30 and any reference to ‘Regulations’ in
this License is a reference to the Regulations governing the use of
these Certification Marks;
WHEREAS
the Licensee has applied to the Licensor for a License entitling Licensee
to use the Certification Marks subject to Licensee’s compliance with
the said Regulations or any modification thereof, and the terms hereof;
NOW THIS AGREEMENT
WITNESSETH that in consideration of the terms and conditions hereinafter
contained, the Licensor hereby agrees to permit Licensee to use the
Certification Marks in respect of DARJEELING tea which meets the criteria
set out in paragraph 2 of the Regulations.
1. INCORPORATION
OF THE REGULATIONS
The Regulations,
including all definitions set forth therein, are hereby incorporated
by reference. By execution of this License, Licensee agrees to
abide by the terms of the Regulations and the terms of the Regulations
shall be deemed terms of this License.
2. OBLIGATIONS
AND ACKNOWLEDGEMENTS OF LICENSEE
2.1 Licensee
shall display its User License Number on all packets and packaging materials
containing DARJEELING tea.
2.2 Licensee undertakes and guarantees that the use of the Certification Marks shall be subject to the requirements set forth by the Proprietor in the Regulations.
2.3 Licensee
shall not use the Certification Marks in a manner which is deceptive
or which could bring them into disrepute.
2.3 Licensee
will refrain from using or registering the Certifications Marks as trademarks
or as part of trademarks or trade name.
2.5 Licensee
undertakes that it will not claim or cause, permit suffer or assist
others to claim any interest in the Certification Marks
2.6 Licensee
acknowledges that any and all rights created by the use of the Certification
Marks are the sole property of the Proprietor.
3. LICENSE FEE
Licensee agrees
to pay to the Licensor License fee as indicated in Schedule V to these
Regulations.
4. DURATION
This Agreement
shall come into force from the date hereof and shall continue
for as long as Licensee is in conformance with the terms of this License.
5. BREACH
Licensee shall
be responsible for the consequences of any breach of this Licence on
its part, and shall be fully liable for any damages that may result
from such breach of this Licence.
6. TERMINATION
In the event of the Licensor terminating the License pursuant to the Regulations, all items bearing or indicating the Certification Mark, and all blocks for making the same, shall forthwith be delivered to the Licensor for the purpose of being destroyed, or else satisfactory proof (in the opinion of the Licensor) shall be given of this having been done. After the termination, the Licensee shall not sell or expose for sale, any goods bearing the Certification Marks except with the consent of the Licensor.
7. NOTIFICATION
OF INFRINGING USERS / THIRD PARTY LAWSUITS
7.1 Licensees
undertake to bring to the notice of the Proprietor all cases of wrongful
use or infringement of the Certification Marks, registration or attempted
registration of a trademark identical with or similar to the Certification
Marks. In the event of the Proprietor undertaking any opposition
to or any action to restrain or punish such act or acts, the Licensee
agrees to co-operate fully and freely with the Proprietor and undertakes
to do all such acts and things as the Proprietor shall reasonably require
to assist the Proprietor in any legal proceedings in respect of infringement
or use or registration of the Certification Marks or any mark similar
thereto.
7.2 If the
Licensee or any of its customers is sued as a direct result of use of
the Certification Marks, the Licensee, on service upon it of any notice
of any such claim, shall forthwith give the Proprietor written notice
thereof and of all particulars thereof and the Proprietor shall have
the right to participate in the defense of such suit by its own counsel
and at its own expense.
8. MISCELLANEOUS
PROVISIONS
8.1 If any
term, paragraph or provision of this Agreement shall be held to be invalid
for any reason whatsoever, such invalidity shall not affect the validity
or operation of any other term, paragraph or provision thereof, and
such invalid term, paragraph or provision shall be deemed to have been
deleted from this Agreement.
8.2 This License
shall be governed by and construed in accordance with the laws of India.
In
witness whereof, the parties have executed this Licence effective as
of the last date set forth below:
The Tea Board of India
__________________________
Title: _________________________ Title: _____________________
Date: _________________________ Date:
_____________________
SCHEDULE V
In consideration
of the rights of Licensed use of the Certification Mark/s granted to
the Licensee, the Proprietor shall charge the Licensee Licence fee.
As of the date of execution of this Agreement, Licensee shall pay the
following fee:
In Rs. | Initial registration
Rs. 10,000/- for use of DARJEELING word and Rs. 4,500/- for use of the
DARJEELING logo Annual Renewal Fees – Rs. 500/- for DARJEELING word and Rs. 100/- for DARJEELING logo per kilo of tea purchased. |
The License fees
shall be paid by Licensee to the Proprietor at the beginning of each
year based on average purchases of Licensee over last three years. A
reconciliation shall occur at the end of each year, at the time of renewal
of the License, based on the actual quantities sold by the Licensee
and calculated at the applicable rate
The Proprietor
has the power to revise the use fees upwards by giving six months' notice
in writing to the Licensee, provided two years have elapsed following
the effective date of this Agreement. The Proprietor will act
fairly in determining the amount of use fees as it is a non profit-making
body.
SCHEDULE
VI
ANNUAL TRANSACTIONS / INVENTORY OF DARJEELING TEA
(on
Licensee’s letterhead)
User License Number:
Name:
Address:
Date:
Dear Sir(s),
The
following is my/our declaration relating to the sale and stock of Darjeeling
Tea held by me/us over the period stated above.
Opening stock
of Darjeeling Tea as on: 1st January (
year) :_______ kg.
Qty. of Darjeeling
Tea purchased during the 12
month period :_______ kg.
COO No. | Supplier/source of purchase | Tea Garden Mark | Invoice number | Grade | Quantity | No .of packages |
Qty. of Darjeeling Tea sold during the 12 month period: _______ kg. including
Qty of Darjeeling
Tea exported during the 12 month period: _______________kg
Destination of Darjeeling Tea sold
1.
2.
3.
Any other detail:
(Qty. sold under logo mark)
(Qty. sold under word mark)
Closing stock
of Darjeeling Tea as on 31st December (
year) :______ kg.
I/we* hereby certify that the information given above is correct and that we have not concealed any material facts.
____________________
Signature of Licensee.
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