Intellectual property rights problem in Korea

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This page takes up the problem of intellectual property rights in Korea.

This translates the Japanese original web page into English.

Summary

Pirated editions and imitation products strode in the past in Korea. [1] Intellectual property rights protection is strengthened and some improvement is accepted by the effect of the TRIPS agreement in 1995 and participation to the Berne Convention in 1996. For example, United States Trade Representative (USTR) had appointed Korea in the monitoring country given priority of the Special 301 Report until 2004 about intellectual property rights infringement. Although USTR lowered the level in acknowledgment of Korean improvement after 2005, Korea is still pointed in the monitoring country (Japan had been pointed in the monitoring country until 1999). It is pointed out that the pirated editions of DVDs, softwares and the books circulate in stalls and universities in 2006. [2] They agreed on strengthening intellectual property rights protection by U.S. Korea free trade agreement (FTA) that was reached recently (2011).

On the other hand, it becomes the problem in Korea that Chinese products in imitation of Korean products appear in the world. And the Korea companies are busy for the measures. [3] [4] [5] [6] [7] [8] [9] In addition, the intellectual property rights infringements for the Korean products and the Korean culture products are taking place due to the Korean boom in Asia. There are the intellectual property rights infringements of the Korean culture products and the necklaces of the chief character of "Winter Sonata" were sold in China. [10]

The commentator O Sonfa says, "Because it was easy to accept the Japanese high quality products in postwar Korea, Korea had copied every Japanese things such as cars, motorcycles, TVs, TV programs, supermarkets, cakes, animated cartoon characters and cigarette brands. And most of Koreans believe the copy products are the Korea original, because copying persons suppress the facts." She reasons and says, "Such a habit of copying is the Korean ingrained tradition that had imitated Chinese culture faithfully since the Korea dynasty, and China changed to Japan in late years". [11]

Examples

Copyright

Comics, Animation

The animated cartoons made in Japan were broadcasted in Korea from the 1960s, but it is said that there were many Koreans who thought that those were made in Korea. Because it was illegal once to broadcast the Japanese programs in Korea (Censorship of Japanese media in South Korea), and so the production country was hidden and the contents were tampered with. [12]　

The pirated editions of Japanese comics were sold in the 1950-1970 in Korea, and the names were changed to Korean style. Korean people had read them without knowing they were the pirated editions. Japanese comics were translated and published serially in comics specialized magazines and the independent books by regular licensing agreements after the 1990s, and the pirated editions decreased. [13]

In the 1970s, the comics and the animation of "Tonchamon" that was the pirated edition of "Doraemon" caught on with the public. Weekly Post pointed out that "Astro Boy" was changed to "lightning atom" and "Ramma 1/2" was changed to "Ramba 1/3".[14]

In addition, it is said that the sequel of "Babel Ⅱ" was made without permission in Korea.[15] Particularly the influence is big in the Animes where the copyrights, the design rights and merchandising by trademarks become the big part of the income. (refer to the clause of "Gundam" of #Trademark about trademark)

Mazinger Z
The leading role robots of Korean national animated cartoon "Robot Taekwon V" produced in the 1970s are affected by "Mazinger Z" and "Great Mazinger". (The author of "Robot Taekwon V" admits that he was inspired by the Japanese animated cartoons.) [13] In the product you can see the imitations of robots of Japanese animated cartoons in the robots of the enemy. The design of the leading role robot of animated movie "Space Gundam V" of Manager Kim Cheong-gi who made "Robot Taekwon V" in 1983 resembles the appearance and a heteromorphic pattern of Valkyrie in "The Super Dimension Fortress Macross". (It is unrelated to List of Gundam manga and novels entirely.
My Neighbor Totoro
When "Totoro" was released in 2001 in Korea, it ended as box-office failures, because Koreans had already watched it by the pirated edition from 1988 (the release in Japan) to 2001 (the release in Korea). So it is said that there was a little demand to watch it at the time of the release in theaters.[16][17]
Final Fantasy VII: Advent Children
Square Enix of the rightful claimant appealed for the phantom entertainment of the position office on April 6, 2007 saying that the music video of "the sonata of the temptation" of Korean singer IVY plagiarized "Final Fantasy VII: Advent ChildrenFinal Fantasy VII: Advent Children". The Seoul center district court made a decision of the provisional disposition of the ban of broadcast, saying that it deals with an infringement of the identity maintenance rights and the second production making rights. The phantom entertainment had insisted that a music video was hommage to "Final Fantasy ..." [18]

Plastic model

The Korean major toymaker "Academy" sells a lot of Plastic model that copy the products of Japanese "Tamiya" and "Hasegawa". In contrast, Tamiya criticizes it by name in own books to publish and takes the measure such as refusing the participation of the import agency in Japan in the trade fair to sponsor. Refer to the copy between Academy Plastic Model and Plastic model# makers about the details. [19]

TV program

Korean broadcasting stations plagiarized Japanese programs without any permission in the past. Now Korean broadcasting stations import the formats of the Japanese programs by tie-up and prior consent of Japanese TV stations and just imitate them. In 2002, it became a news that the easy production manner to produce the similar programs as only temporary stopgap measures is a problem. [20]

In 2003, Japanese Fuji Television examined the legal measure, saying that KBS ("sponge") and SBS ("TV encouragement of study society") plagiarized "Hey! Spring of Trivia". [21] Joong-ang Daily News wrote in the same year, "The broadcasting stations say that the similar ideas may appear in the case of the general entertainment programs, but it is difficult to deny that the insensitivity for imitating Japanese programs spreads out. The Korean netizens say the domestic ground wave broadcasting programs that are suspected to imitate Japanese or foreign programs are above ten. The broadcasting stations denied this as much as possible saying that a standard of the program plagiarism was vague, but they can not dismiss the words of a netizen who said 'It was a great shock…. It was totally same as the program which I watched when I was in Japan two years ago.' " Joong-ang Daily News criticized Korean TV stations and wrote, "If the program of a broadcasting station attracts popularity, others change a viewpoint in it a little and create similar programs in succession, and the stations are criticized by audience who says 'Most of those are alike.'. This is today's Korean broadcasting station." It pointed out that it was necessary to make production posture to appreciate the originality-related enlightenment and experiment mind of the producer. [22] According to Searchina a personal blog in a Korean net said in 2009, "The same program plagiarized the title picture of the variety program of TV Asahi(Japan) 'Otameshika(a trial) !' [23]

In 2004 Joong-ang Daily News wrote, "The plagiarism suspicion of our culture products has a considerably long and enormous history from the drama 'youth of the bare foot' to KBS entertainment program 'sponge'. Not only it but also 'the national singing contest' receives the suspicion that copied 'the national singing contest' of Japanese NHK." It introduced the protest of the audience and the examples of the scandals of TV programs that imitated Japanese programs.[24]

It became clear in 2009 that the producer of the popular program "star king" of Korean SBS plagiarized "time saving life guide show" of Japanese TBS. He changed "the five minutes attendance method" of TBS into "the three minutes attendance method", and did the make-believe that he drilled the performers beforehand. SBS replaced the producer who made an excuse saying, "I did not know that", even after a plagiarism scandal was made clear. And SBS apologised on the homepage. [25]

As for the drama, according to "SAPIO" "Jealousy" (1992) imitated Japanese TV drama "Tokyo love story" (1991) in the 1990s, and a voice of the protest that they are as like as two peas went up from the audience even in Korea. "Youth" (1999) starring Chan Don Gon was same as "Love generation" (1997) starring Takuya Kimura at the characters, the outline and the structure of the screen. The Korean broadcast committee regarded this as a problem and the broadcast was canceled. [26]

Park Tehyok said in 1993, "The Korean broadcasting stations send the staffs to Japan at reorganization time of the Japanese TV programs in spring and autumn." We just copied the contents of Japanese TV program "It's 8:00, Gather round!" and broadcast it one week late. The program name was It's 8:00, All aboard!", too. [27] According to the Korean journalist "There was the secret words 'go on a business trip to Pusan' in the Korean TV world in old days. It is the secret words that means 'to imitate Japanese programs', because you were able to receive an electric wave from Fukuoka when you went to Pusan." [14]

Music

According to the survey by International Federation of the Phonographic Industry (IFPI) in 2004, the pirate versions occupy 16% of Korean records and CD markets. [28] In addition, IFPI points out the problem of the copyrights infringement by the Internet such as P2P in Korea in the report in 2006.[29]

Korean musician Lee Hyori was accused by an American copyright holder in 2006. [30]

According to Seachina, the popular singer Lee Seung-hwan confessed in a radio program in Korea in 2010 that the hit song "dog of Flanders" which she had released in the 1990s was the plagiarism of the theme song "Yoake-no-michi" of the Nippon Television animated cartoon "dog of Flanders". She said, "'The dog of Flanders' was registered by the name of the Korean composer, but in fact I just plagiarized the theme song of the Japanese animated cartoon. I paid the expense of the copyrights to the Japan side, but I did not sing too much afterwards". [31]

Computer, software, game

According to the investigation of Business Software Alliance (BSA) consisting of members such as Microsoft or Adobe Systems, the illegal copy rate of the Korean PC software decreased year by year but it was 46% in 2005 (reference: Japan 28%) [32]

Nintendo DS
Nintendo sued the Korean supplier who sold the peripheral device which made the copied game software illegally available with "Nintendo DS" and Judgment of the fine punishment was sentenced at a trial in 2008. Nintendo sued the individuals who opened game software on the Internet illegally at the same time[33]

Adult movies

The adult movies are illegality in the Korean civil law. In August 2009 Japan and U. S. suppliers filed charges with the Korea Police, because it was popular in Korea that people sold the adult videos made in United States and Japan by using file swapping services of the Internet. [34] However, there are a few lawyers who have the opinion for the claim of the rights protection from the viewpoint of "Public policy doctrine" in the administrative law execution. They say "to protect the copyrights of illegal books is nonsense, because production and circulation of the adult movies are illegal in Korea."

Breeder's Right

Red pearl
Refer to "the issue of cultivation of the new strawberry made in Japan without permission" about the details.
Strawberry seeds and sapling such as "Red pearl" and "Tochiotome" developed in Japan are brought into Korea without permission, cultivated and sold. Because Korea joined International Union for the Protection of New Varieties of Plants in 2002, duty to pay the royalty occurs after 2008. [35][36][37][38]

Trademark

YKK
"YKK" submitted a trial in United States, China and Korea, because "YPP" of Korean UNGWOO infringed a trademark. The suit of the YKK side was accepted in the United States and China in 2002, but it lost the case at the first trial in Korea, and the Seoul High Court said, "YKK and YPP are different. It is not the infringement of the trademark." [39][40][41]
Starbucks
Starbucks coffee demanded cancellation of the patent of the trademark of the goddess of Korean company STARPREYA to the House of Patent Law in 2005, saying the trademark resembled the trademark of the Siren of Starbucks and it was invalid. In 2006, Starbucks coffee sued STARPREYA to the House of Patent Law, saying registered trademark STARPREYA resembled STAR BUCKS, but Starbucks lost the case too. [42]
Mobile Suit Gundam
SOTSU that has the copyright of Gundam in Japan tried to register the trademark of Gundam in Korea, but the Korean supplier who sold the product with "Gundam" appealed for trademark registration invalidity. Korean court said Gundam was the normal name of the robot and SOTSU lost the case, but it was registered after all finally. [43][44]
Brand sweets
Shrimp Crackers - "Seukan" (Shrimp Crackers) is released by Nongshim in Korea. It resembles "Kappa Ebisen (Shrimp Crackers)" of Calbee. [45][46]
HI-CHEW - In 2004 Morinaga & Company caused trademark infringement suspension suit and sued Crown Confectionery in Korea. Morinaga said "Maijjyu" of Crown closely resembles "HI-CHEW" of Morinaga. But the court did the judgment that Morinaga lost the case. It said they were not similar at all. [47]
Korean Lotte sells chocolate stick cake "Pepero" similar to "Pocky" of Glico in Korea. In 2015, Glico filed a suit for the sale suspension in a Korean court, saying that the package design of "Bâton d'or" (high-quality version of Pocky) was imitated by Korean Lotte. [48] Megumu Fuke who is a lawyer of Osaka bar association and knows a lot about intellectual property rights points out, "The understanding for intellectual property rights is poor in Korea and there is no end to the cases that Korean companies use the brand of Japanese products that have high power of the customer absorption". [49]
There are many imitation products such as "Pocari Sweat" "Mushrooms mountain" as of 2011. [46] On the other hand, there is the case such as "whale rice" (Korean version of "Ottotto)". It looks like the imitation product, but Korean Orion sells it by forming a technical tie-up with Morinaga & Co., Ltd.. [45]
Evisu
On November 25, 2008 the Japanese brand "Evisu jeans" sued "Wolbi commerce" that ran Korean Evisu to the Korea court. "Evis jeans" insisted the Korean brand Evisu was the imitation product. "Wolbi commerce" disseminated to consumers that two companies were different, saying "We will clarify that there is not a legal problem at all about the Evisu products sold in Korea." and "Evisu sold in Korea is unrelated to Japanese Evisu." About the trademark Wolbi said, "It was enrolled in the Republic of Korea Patent Office and we already won the case as a result of trademark suit two years ago(2006), and the right was admitted by the House of Patent Law in Korea." It insisted on the homepage of Korea Evisu, "We develop the domestic casual clothes business by getting the fair use from holder of trademark rights". [50][51]

Product expression, form

PlayStation, PS
SCE Korea(SONY Computer Entertainment Korea) has the rights, but the Korean company "pulse van dot-com Co., Ltd." used the popularity of registered trademarks such as the "PlayStation" or "PS" for a business purpose. The 50th civil affair department of Seoul centeral district Law House judged, "The application for registration of the service trademark for this trademark was performed by the applicant with an intention to promote his products or services by taking advantage of power that absorbed the customer of "플스", "PS". And it is rights abuse for the applicant to insist on rights as a holder of trademark right to the cover applicant, even if the applicant finished trademark registration." [52]

Trade secret

Many Korean companies employ the engineers who have been registered at the Japanese companies in the past with a large amount of salary, and get the core technique of the products. Similar news and examples are seen in the electric equipments industry[53][54], iron manufacturing industry[55][56], the auto industry[57] and other industries[58][59] [60][61] [56]. In this way, the intellectual property that Japanese companies invest and accumulated flow out into the Korean companies.

Notes

  1. ^ Intellectual property rights infringement at the Japanese customs, Korea are the most - JoongAng Ilbo (October 7, 2004)
  2. ^ USTR - 2006 Special 301 Report (Archive as of May 13,2006)
  3. ^ Intellectual property rights: LG strengthens the control of the copy products in all parts of the world - The Chosun Ilbo (May 21, 2007)(Archive as of September 30,2007)
  4. ^ Design right:The Chinese imitations which threaten Originals - The Chosun Ilbo (November 24, 2006)(Archive as of August 21,2007)
  5. ^ Intellectual property rights: 10% bonus of the surcharge for the person who reported "imitation" - The Chosun Ilbo (May 15, 2007)(Archive as of May 17, 2007)
  6. ^ Korean version of Patent troll start = CJ asset use - The Chosun Ilbo (May 11, 2007)(Archive as of May 13, 2007)
  7. ^ Korean companies' fights with the copy products made in China - The Chosun Ilbo (May 29,2006)(Archive as of September 30,2007)
  8. ^ Fakes of Korean products sold in the Middle East - The Chosun Ilbo (April 13,2006)(Archive as of September 30,2007)
  9. ^ GM Daewoo brings an action against China national enterprise that plagiarizes Matiz - The Chosun Ilbo (May 9,2005)(Archive as of September 30,2007)
  10. ^ The intellectual property rights infringement of Korean products is serious in Asia - The Chosun Ilbo (March 22,2005)(Archive as of September 30,2007)
  11. ^ Motohiko Izawa, Sonfa O "Real nature of difficult neighbor Korea - Why does Korean long for Japan notwithstanding 'Anti-Japan' ?" Shodensha, (September ,2006), page 257-258 ISBN ISBN-10: 4396612753
  12. ^ "Way to the comics artist", autobiography of "The comics hero" who made up "Astro Boy" - The Chosun Ilbo (October 18,2002)(Archive as of October 20,2002) "It was not only 'Astro Boy'. 'Phoenix' and 'Kimba the White Lion' that stimulated my mythical imagination for the first time were Japanese comics too. I was dropped into a sense of defeat to know the fact. Because I had thought that they were all Korean comics and I had read them with avidity."
  13. ^ a b Korean comics now ～first part～ - Trip to Korea "KONEST" "'Robot Taekwon V' affected by Japanese comic 'Mazinger Z'" "Japanese comics were translated and published serially in comics specialized magazines after regular licensing agreements, and the independent books won popularity too. The pirated editions decreased in this way."
  14. ^ a b "The Korean TV stations where the plagiarisms of the Japanese TV programs strode denied the plagiarisms saying 'They are similar ideas'" Weekly Post(March ,2014 No.28)
  15. ^ "Babel Ⅲ" the sequel of "Babel Ⅱ" in Korea - The Hankyoreh(Korean)
  16. ^ The minutes and distribution documents of International subcommittee (the second) in Copyright subcommittee in Council for Cultural Affairs - Ministry of Education, Culture, Sports, Science and Technology「 "I think that the reason why pirated editions decreased in Japan is that the choice of the regular version was prepared for. If the regular editions are prepared for, the fans buy them even if they are high a little because the fans want, and it is not rare that the price of a pirated edition and the regular version do not change so abroad either. When the theater released "Totoro" in Korea, the theater failed because of the pirated edition. They watched the pirated edition of "Totoro" because they wanted to watch it but there was only the choice of the pirated edition."
  17. ^ 'limited express delivery' to lead with a dream and happiness 'Hayao Miyazaki' Great master of the Japanimation … He succeeds in 'globalization of Japanese feelings' - Weekly Donga (July ,2001 No.293)
  18. ^ The video of IVY closely resembles "FF7AC", It is put under ban of broadcast - YONHAPNEWS WORLD SERVICE : JAPANESE NEWS (April 6,2007)(Archive as of April 10,2007)
  19. ^ The fifth minutes of the specialized investigation committee about the reinforcement of the rights protection base
  20. ^ "'Boom in imitation of Japanese programs' - Korean TV stations which do not learn lesson" The Chosun Ilbo　(July 23,2002) "Sunyon Cho the director of SBS entertainment station said, 'We finished discussion with Nippon Television, and imported program forms recently. We make an effort to adapt the programs which we imported to Korean emotion and arrange them.'"
  21. ^ Fuji Television said, "We take the legal measures in examining the Korean TV plagiarism." - The Chosun Ilbo (July 12,2003)(Archive as of July 19,2003)
  22. ^ [editorial] "Shame on Korean TVs that imitate the Japanese programs! " (Japanese). JoongAng Ilbo Japanese version. (November 20,2003) . http://japanese.joins.com/article/954/45954.html?servcode=100&sectcode=100 (perusal February 27,2015) 
  23. ^ 「[Korean blog] the Korean popular program plagiarizes Japanese TV program "Otameshika!" this time. Seachina (September 22, 2009)
  24. ^ "From 'barefoot youth' to 'sponge'" JoongAng Ilbo (March 11,2004)
  25. ^ "A Korean variety program plagiarized an idea of Japan" Seachina(July 23, 2009)
  26. ^ "Crib animated cartoons such as 'Ramba1/3' and 'lightning atom' exist in Korea" SAPIO (December ,2013)
  27. ^ "Ugly Korean" Tehyoku Park / Hideaki Kase
  28. ^ The minutes and distribution documents [6-1] of International subcommittee (the first) in Copyright subcommittee in Council for Cultural Affairs - Ministry of Education
  29. ^ THE RECORDING INDUSTRY 2006 PIRACY REPORT
  30. ^ The composer of "Get ya" sung by Lee Hyori was charged by U.S. copyright holder - The Chosun Ilbo (March 30,2006)(Archive as of January 15,2007)
  31. ^ 『[http://megalodon.jp/2015-0304-0344-35/news.searchina.ne.jp/disp.cgi?y=2010&d=0710&f=entertainment_0710_005.shtml Korean singer revealed past plagiarism. "'The dog of Flanders' is Japanese music ..." Seachina 2010/07/10
  32. ^ Third Annual BSA and IDC Global Software PIRACY STUDY(Archive as of October 9,2006)
  33. ^ Nintendo Korea started unjust copy extermination - The Chosun Ilbo (July 31,2008)(Archive as of August 28,2008) "The unjust copying is bad. However, it is hard for Korean to receive the manner of Nintendo Korea a little. We have the impression that it declares 'Korea is copy heaven and it's no use explaining it to Korean.'"
  34. ^ Pornography company in Japan and the U. S. charged several thousand of Korean netizen. - JoongAng Ilbo 2009(August ,)13日
  35. ^ 16,000 Korean strawberry farmers fall into a difficult situation by royalty levy - The Chosun Ilbo (March 22,2005)(Archive as of March 24,2005)
  36. ^ Q. I hear that the important new kinds of seeds were taken out to the foreign countries. What kind of examples are there ? - Intellectual property specialized course of Ministry of Agriculture, Forestry and Fisheries FAQ
  37. ^ In the system that it is more effective and is easy to use - Committee on Agriculture, Forestry and Fisheries investigation room Yuzo Motojima
  38. ^ Past Actions about intellectual property by Ministry of Agriculture, Forestry and Fisheries(July ,2006)
  39. ^ The Korean YPP mark is infringement in YKK trademark - YKK group (June 12,2002)
  40. ^ YKK won for the trial over the "YPP" trademark in China and the United States - YKK group (July 19,2002)
  41. ^ Korean court said, "YKK and YPP are different." - The Chosun Ilbo (December 9,2005)(Archive as of December 11,2005)
  42. ^ Trademark dispute of Starbucks in Korea … Starbucks lost the case in Korean company - Yplee, Mock & Partners (October 12,2006)(Archive as of March 13,2007)
  43. ^ (the first) minutes of the investigation committee digital content working group specialized in intellectual property strategy headquarters contents of Japanese Government Cabinet Office "Bandai tried to register the trademark of Gundam in Korea, but it was refused because Korean government said Gundam was the normal name of the robot. It was registered after all finally, but ･･･････."
  44. ^ SOTSU applied to trademark registration for the word of "Gundam" in July 29, 1983 and was registered on March 26, 1986 in Japan. (application serial number:1983 58-72194, trademark registration number: 1847650).
  45. ^ a b I compared "Kappa ebisen" with the Korean copy product.　Seachina　(August 31,2011)
  46. ^ a b There are many Korean copy confections that you see anywhere. But how do you feel about "Pepero" known as "Pocky(Japan)" of Lotte ?gigazine　(March 19,2011)
  47. ^ Korean district court dismissed request of Morinaga about the trademark dispute of "My chew". (June 1,2005) Korea Yonhap
  48. ^ "It looks just like high-quality Pocky"…The whole story that Japanese Glico accused Korean Lotte at　plagiarisms are widespread in Korea.(1)" Evening newspaper Fuji　2015.01.30
  49. ^ "It looks just like high-quality Pocky"…The whole story that Japanese Glico accused Korean Lotte at　plagiarisms are widespread in Korea.(2)" Evening newspaper Fuji　2015.01.30
  50. ^ 「한국 에비수 '법적 문제 없다. 법적 조치 취할 것'」Korea DC News(July 27,2008)
  51. ^ jeans brand - Original Japanese "EVISU" & Korean "EVISU"　JETRO, intellectual property team, news search
  52. ^ Korean intellectual property rights infringement precedent casebook - JETRO intellectual property rights information that was consigned by Japanese Patent Office (March ,2005)(Archive as of July 11,2005)
  53. ^ Korean Samsung accelerates Japanese engineer drawing, The Japanese companies have weak strategy of talented persons. - Reuter (April 23,2012)
  54. ^ A former executive of "Sharp" revealed "the true reason" why Japanese TV had been defeated by TV made in Korea in a real name. - Modern business(Kodansha) (July 17,2012)
  55. ^ "Technique theft" doubt by Korea POSCO. Relations with Nippon Steel may crack - MSN Sankei News (June 1,2012)
  56. ^ a b Today's industrial spy Why can Japan not protect the technique ? - NIKKEIBPNET (July 9,2012)
  57. ^ (the last volume) How you protect Japanese talented persons. The technical outflow of the electric equipment should be lesson. - The Nikkei [dead links]
  58. ^ The actual situation of the technical outflow and the management in our country - Ministry of Economy, Trade and Industry (June ,2007)
  59. ^ Korean license manual - JETRO
  60. ^ Investigation and research report about the ideal intellectual property pertaining to the technical outflow by the movement of the talented persons - Mitsubishi UFJ Research & Consulting (February ,2011)
  61. ^ Japan-Korea "battery" war, Strength of Samsung and LG, Evolution of the Japanese company stopped - WEDGE (April 24,2012)

References

External links

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