What does the term novelty item mean
The National Council has decided: 1. The conclusion of the following state treaty is approved and 2. That this state treaty within the meaning of Art. 50 Para. 2 B-VG is to be fulfilled by enacting laws.
THE CONTRACTING STATES, CONSIDERING that the International Convention for the Protection of New Varieties of Plants of December 2, 1961, as amended by the Additional Act of November 10, 1972, has proven to be a valuable instrument for international cooperation in the field of the protection of plant breeders' rights, REAFFIRMING the principles contained in the preamble of the Convention, according to which a) they are convinced of the importance of the protection of new plant varieties both for the development of agriculture in their territory and for the protection of the interests of breeders, b) they themselves the particular problems raised by the granting and protection of the breeder's right, and in particular the restrictions that the
(2) The Contracting States to this Convention (hereinafter referred to as "member states"
net) form an association for the protection of plant varieties. (3) Geneva is designated as the seat of the Association and its permanent bodies. ARTICLE 2 Forms of protective rights (1) Each member state may grant the breeder's right provided for in this Convention by granting a special protective right or a patent. However, a member state whose national law permits protection in these two forms may only provide one of them for the same botanical genus or species. (2) Each member state may restrict the application of this Convention within a genus or species to varieties with a specific propagation system or a specific end use. ARTICLE 3 National Treatment; Reciprocity (1) Natural and legal persons who have their domicile or seat in a member state enjoy the treatment in the other member states with regard to the granting and protection of the breeder's right that their own nationals enjoy now or in the future under the legal provisions of these states without prejudice to the rights specifically provided for in this Convention and provided that they comply with the conditions and formalities imposed on their nationals. (2) Members of the member states who have neither their domicile nor their seat in one of these states also enjoy the same rights, provided that they comply with the obligations that have been given to them.
may be imposed to enable the varieties they have bred to be examined and their reproduction to be monitored. (3) Notwithstanding paragraphs 1 and 2, each member state which applies this convention to a specific genus or species may limit protection to members of member states who apply this convention to the same genus or species, as well as to natural and legal persons who have their place of residence or registered office in one of these states. ARTICLE 4 Botanical Genera and Species Which Must or Can Be Protected (1) This Convention applies to all botanical genera and species. (2) The member states undertake to take all measures necessary to gradually apply this Convention to the greatest possible number of botanical genera and species. (3) a) Each member State shall apply this Convention to at least five genera or species as soon as it enters into force for its territory. b) Subsequently, each member state shall apply this Convention to further genera or species within the following time limits after its entry into force for its territory, namely i) within three years for at least ten genera or species in total; ii) within six years in at least a total of eighteen genera or species;
iii) within eight years in at least a total of twenty-four genera or species. c) If a member state restricts the application of this Convention within a genus or species in accordance with Article 2 paragraph 2, such a genus or species is nevertheless regarded as a genus or species for the purposes of letters a and b. (4) At the request of a State which intends to ratify, adopt, approve or accede to this Convention, the Council may, in order to take account of exceptional economic or environmental conditions in that State, decide that the in paragraph 3, the deadlines specified there are reduced, or both measures are taken. (5) At the request of a member state, the Council may, in order to take account of particular difficulties encountered by that state in fulfilling its obligations under paragraph 3 letter b, decide that the periods referred to in paragraph 3 letter b shall be extended for that state. ARTICLE 5 Content of the property right; Scope of protection (1) The right granted to the breeder has the effect that his prior consent is required in order to produce generative or vegetative propagating material of the variety as such - for the purpose of commercial sale - for sale,
- to sell commercially. Whole plants also belong to the vegetative propagation material. The right of the breeder extends to ornamental plants or parts thereof which are usually not commercially marketed for propagation purposes if they are used commercially as propagation material for the production of ornamental plants or cut flowers. (2) The breeder can make his approval dependent on conditions that he stipulates. (3) The breeder's consent is not required if the variety is used as a starting material for the creation of further varieties and these are sold commercially. On the other hand, consent is required if the. Variety must be used continuously for the commercial production of another variety. (4) Each member state may, in its domestic law or in special agreements within the meaning of Article 29, grant breeders a right for certain botanical genera or species that goes beyond that specified in paragraph 1 and in particular may extend to the commercially marketed product . A member state that grants such a right can restrict this to nationals of the member states that grant the same right, as well as to natural and legal persons who have their residence or registered office in one of these states.
ARTICLE 6 Conditions for protection (1) The breeder shall enjoy the protection provided for in this Convention if the following conditions are met: a) The variety must pass through a variety regardless of whether the starting material from which it was derived is of artificial or natural origin or allow several important characteristics to be clearly distinguished from any other variety, the existence of which is generally known at the time of the application for the property right. This obviousness can be determined on the basis of various facts, for example through ongoing cultivation or commercial distribution, entry already made or initiated in an official variety register, cultivation in a comparative collection or precise description in a publication. It must be possible to precisely identify and describe the characteristics that enable a variety to be identified and differentiated. b) On the day of the filing of the application for industrial property rights in a member state, the variety i) must not have been available for sale or commercially marketed in the territory of this state - or, where the law of this state provides for this, for more than a year - with the consent of the breeder as well as ii) in the territory of another state with the consent of the breeder in the case of vines, forest, fruit and ornamental trees each
because it, including its documents, has not been available for sale or commercially sold for more than six years or, in the case of other plants, for more than four years. Attempts made with the variety that do not involve sale or commercialization do not affect the right to protection. Neither is the breeder's right to protection affected by the fact that the variety has become common knowledge by any means other than being offered for sale or being sold commercially. c) the variety must be sufficiently homogeneous; the specifics of their generative or vegetative reproduction must be taken into account. d) The variety must be consistent in its essential characteristics, ie. after their successive propagation or, if the breeder has specified a specific propagation cycle, continue to correspond to their description at the end of each cycle. e) The variety must be given a variety denomination in accordance with Article 13. (2) The granting of protection may only be made dependent on the above requirements; however, the breeder must have complied with the formalities provided for in the national law of the State of the Union in which the application for protection was filed, including payment of the fees.
ARTICLE 7 Official Examination of Varieties; Provisional protection (1) Protection shall be granted after the variety has been examined for the conditions set out in Article 6. This test must be appropriate to the individual botanical genus or species. (2) For the test, the competent authorities of each member state of the Union can demand all necessary information and documents as well as the necessary planting material or seeds from the breeder. (3) Each member state can take measures to protect the breeder against abusive behavior by third parties that has been committed in the period from the filing of the patent application to the decision on this. ARTICLE 8 Duration of protection The right granted to the breeder is granted for a limited period of time. This must not be shorter than fifteen years from the date the property right was granted. For vines, forest, fruit and ornamental trees, including their documents, the duration of protection must not be shorter than eighteen years, calculated from this point in time. ARTICLE 9 Restrictions in the exercise of the breeder's right (1) The free exercise of the exclusive right granted to the breeder may only be restricted for reasons of public interest. (2) If this restriction is made for the purpose of ensuring the spread of the variety, the State of the Union concerned must take all necessary measures so that the breeder receives an appropriate remuneration.
ARTICLE 10 Invalidity and annulment of the breeder's right (1) The right of the breeder shall be declared null and void in accordance with the domestic law of each member state of the Union if it turns out that the conditions set out in Article 6, Paragraph 1, Letters a and b are actually in effect when the property right is granted were not fulfilled. (2) The right of the breeder shall be revoked if he is unable to submit the propagating material to the competent authority which allows the variety to be produced with the characteristics specified for it at the time when protection was granted. (3) The right of the breeder can be revoked, a) if he does not submit the propagating material, the documents and the information that are deemed necessary for the monitoring of the variety to the competent authority within a prescribed period and after a reminder, or if he does not submit the Review of the measures taken to preserve the variety is not permitted; b) if he has not paid within the prescribed period the fees that may be payable for the maintenance of his rights. (4) For reasons other than those set out in this article, the breeder's right cannot be annulled or revoked.
ARTICLE 11 Free choice of member state in which the first application is filed; Registrations in other member states; Independence of protection in different member states (1) The breeder can choose the member state in which he wants to submit the first application for protection rights. (2) The breeder can apply for the protection of his rights in other member states without waiting until the member state has granted him a protective right of the first application. (3) The protection which is applied for in different member states by natural or legal persons who can invoke this Convention is independent of the protection which has been obtained for the same variety in other member states or in non-member states. ARTICLE 12 Priority (1) If the breeder has properly filed an application for property rights in one of the member states, he enjoys a right of priority for filing in the other member states for a period of twelve months. This period begins when the first application is submitted. The day of filing is not included in the deadline, (2) Paragraph 1 is only applicable in favor of the new filing if it contains an application for property rights and claims the priority of the first application and if the documents that make up this application are submitted within three months , to be submitted in copy; the copies must be certified by the authority which received the application.
(3) The breeder has a period of four years after the expiry of the priority period to submit the additional documents required by the laws and other regulations of this state and the required material to be submitted. However, that State may request the submission of the supporting documents and the material to be submitted within a reasonable time if the application whose priority is claimed has been refused or withdrawn. (4) An application made under the above conditions cannot be countered by facts which have occurred within the period of paragraph 1, such as another application, the publication of the subject-matter of the application or its use. These facts cannot establish a right in favor of third parties and no personal right of possession. ARTICLE 13 Variety denomination (1) The variety is to be identified with a variety denomination as a generic denomination. Each member state ensures that, subject to paragraph 4, no rights to the name registered as a variety denomination restrict the free use of the denomination in connection with the variety, not even after the protection has expired. (2) The denomination must enable the variety to be identified. It must not consist solely of numbers, unless this is an established practice for the identification of varieties. It must not be capable of misleading with regard to the characteristics, value or identity of the variety or the identity of the breeder.
or cause confusion. In particular, it must be different from any variety denomination which identifies an existing variety of the same botanical species or a related species in one of the member states. (3) The variety denomination shall be deposited by the breeder with the authority provided for in Article 30 paragraph 1 letter b. If it turns out that this denomination does not meet the requirements of paragraph 2, this authority refuses to register and requires the breeder to propose another variety denomination within a prescribed period. The variety denomination is registered at the same time as the property right is granted in accordance with Article 7. (4) Older rights of third parties remain unaffected. If the use of the denomination of a person who is obliged to use it in accordance with paragraph 7 is prohibited on the basis of an earlier right, the authority provided for in Article 30 paragraph 1 letter 'b shall require the breeder to propose another denomination.(5) A variety may only be registered under the same variety denomination in the member states. The authority provided for in Article 30 paragraph 1 letter b is obliged to register the denomination deposited in this way, unless it finds that this denomination is unsuitable in its country. In this case it can ask the breeder to propose a different denomination. (6) The authority provided for in Article 30 (1) (b) shall ensure that all other authorities are informed of matters relating to variety denominations, in particular the submission, registration and deletion of variety denominations. Each in
The authority provided for in Article 30 (1) (b) may send the authority which notified a variety denomination any comments on the registration of that variety denomination. (7) Anyone who sells or commercially sells propagating material of a variety protected in this state in a member state is obliged to use the denomination of the variety even after the protection of this variety has expired, provided that no older rights preclude this use in accordance with paragraph 4, (8) When available for sale or in the case of commercial distribution of the variety, a brand name, trade mark, trade name or other similar indication may be added to the registered variety denomination. Even if such an indication is added, the denomination of the variety must be easily recognizable. ARTICLE 14 Independence of the protection of measures to regulate production, monitoring and commercial distribution (1) The right granted to the breeder under this Convention is independent of the measures taken in each member state to regulate production, monitoring and commercial distribution are hit by seeds and plants. (2) However, such measures must, as far as possible, avoid obstructing the application of this Convention. ARTICLE 15 Organs of the Association The permanent organs of the Association are:
a) the Council; b) The General Secretariat, which will be referred to as the Office of the International Union for the Protection of New Varieties of Plants. ARTICLE 16 Composition of the Council; Votes (1) The council consists of the representatives of the member states. Each member state appoints a representative for the council and a deputy. (2) The representatives or deputies can be assisted by employees or consultants. (3) Each member state has one vote in the council. ARTICLE 17 Observers at meetings of the Council (1) States which are not members of the Union and which have signed these acts shall be invited as observers to the meetings of the Council. (2) Other observers or experts may also be invited to these meetings. ARTICLE 18 President and Vice-Presidents of the Council (1) The Council shall elect a President and a First Vice-President from among its members. He can elect further vice-presidents. The First Vice-President legally represents the President if he is prevented from attending. (2) The term of office of the President is three years.
ARTICLE 19 Meetings of the Council 1. The Council shall meet when convened by its President. (2) It holds an ordinary meeting once a year. In addition, the President can convene the Council of his own volition; it has to convene it within three months if at least one third of the member states so request. ARTICLE 20 Rules of Procedure of the Council; Administrative and financial regulations of the association The Council determines its internal regulations as well as the administrative and financial regulations of the association. ARTICLE 21 Tasks of the Council The Council has the following tasks: a) It examines measures which are suitable to ensure the existence of the association and to promote its development. b) Appoint the Secretary General and, if he deems it necessary, a Deputy Secretary General and determine the terms and conditions of employment for both. c) He reviews the annual report on the association's activities and draws up the program for its future work. d) He shall provide the Secretary-General, whose powers are defined in Article 23, with all necessary guidelines for the performance of the Union's tasks. e) It examines and approves the budget of the Union and determines the contribution of each Union State in accordance with Article 26.
f) He reviews and approves the accounts presented by the Secretary General. g) In accordance with Article 27, it shall determine the time and place of the conferences envisaged therein and shall take the measures necessary to prepare them. h) In general, it shall take all decisions for the successful operation of the Union. ARTICLE 22 Majorities required for decisions of the Council A decision of the council requires a simple majority of the members present and voting; however, a decision of the council in accordance with Article 4 paragraph 4, Article 20, Article 21 letter e, Article 26 paragraph 5 letter b, Article 27 paragraph 1, Article 28 paragraph 3 and Article 32 paragraph 3 a three-quarters majority of the members present and voting. Abstentions do not count as voting. ARTICLE 23 Duties of the Office of the Union; Responsibility of the Secretary General; Appointment of the staff (1) The Office of the Union carries out all the duties assigned to it by the Council Secretary General. (2) The Secretary General is responsible to the Council ch; he ensures that the decisions of the council are implemented. He submits the budget to the Council for approval and ensures that it is implemented. Every year he reports to the council on his management and submits a report on the activities and the financial situation of the association.
(3) Subject to Article 21 (b), the conditions for the recruitment and employment of the staff necessary for the proper performance of the tasks of the Union Office are set out in the administrative and financial regulations referred to in Article 20. ARTICLE 24 Legal capacity (1) The association has legal personality. (2) In the territory of each member state, the association enjoys the legal capacity required to achieve its purpose and to perform its tasks in accordance with the laws of that state. (3) The Association concludes an agreement with the Swiss Confederation on the seat. ARTICLE 25 Audit The audit of the Association is carried out by a member state in accordance with the administrative and financial regulations referred to in Article 20. This state is determined by the council with its consent. ARTICLE 26 Finances (1) The association's expenses are covered by - the annual contributions of the member states, - the remuneration for services, - other income. (2) a) The share of each member state in the total amount of the annual contributions is based on the total amount of expenses to be covered by contributions from the member states and on the number of expenses for this member state
Paragraph 3 relevant number of contribution units. This share is calculated in accordance with paragraph 4. b) The number of contribution units is expressed in whole numbers or fractions thereof, whereby it must not be less than a fifth. (3) a) For each state that is a member of the Association at the time these Acts come into force, the number of contribution units relevant for it is equal to the number of those for it immediately before this point in time under the 1961 Convention in the 1972 Supplementary Act as amended. b) When joining the association, every other state shall indicate in a declaration addressed to the Secretary General the number of contribution units that are relevant for it. c) Each member state can at any time specify in a declaration addressed to the Secretary General a number of contribution units other than that which is relevant for it under letters a or b. If such a declaration is made during the first six months of a calendar year, it will take effect at the beginning of the following calendar year; otherwise the declaration will take effect at the beginning of the second calendar year following the year in which it was submitted. (4) a) For each budget period, the amount corresponding to a contribution unit is determined by calculating the total amount of expenditure in
This period is to be covered by contributions of the member states, divided by the total number of units to be raised by these states, b) The amount of the contribution of each member state results from the amount of a contribution unit multiplied by the number of contribution units relevant for this state. (5) a) A member state that is in arrears with the payment of its contributions cannot, subject to letter b, exercise its right to vote in the council if the arrears amount reaches or exceeds the sum of the contributions owed by it for the two preceding full years , • The suspension of voting rights does not release that State from its obligations under this Convention and does not result in the loss of other rights under the Convention, b) The Council may, however, allow such a State to continue to exercise its voting rights if and as long as the Council is satisfied that the arrears are the result of exceptional and inevitable circumstances. ARTICLE 27 Revision of the Convention (1) This Convention may be revised by a conference of the member States. The Council decides to convene such a conference. (2) The conference is only quorate if at least half of the member states are represented at it. The revised version of the Convention needs to be adopted
the five-sixth majority of the member states represented at the conference. ARTICLE 28 Languages used by the office and in meetings of the Council (1) The Union Office shall use German, English and French for the performance of its tasks. (2) The meetings of the Council and the Revision Conferences shall be held in these three languages. (3) If there is a need, the Council may decide to use additional languages. ARTICLE 29 Special Agreements for the Protection of New Varieties of Plants The member states reserve the right to make special agreements among themselves for the protection of new varieties of plants, provided that these agreements do not conflict with this Convention. ARTICLE 30 Application of the Convention in the domestic sphere; Agreements on the joint use of examination bodies (1) Each member state shall take all measures necessary for the application of this Convention, in particular a) it shall provide for appropriate legal remedies which enable the rights provided for in this Convention to be effectively safeguarded; b) it establishes a special authority for the protection of new varieties of plants
or instructs an already existing authority to provide this protection; c) he ensures the public announcement of notices about this protection, at least the periodic publication of the list of granted property rights. (2) Agreements can be made between the competent authorities of the member states for the purpose of joint use of bodies which have to carry out the examination of the varieties provided for in Article 7 and the compilation of the necessary reference collections and documents. (3) It is understood that each State, when depositing its instrument of ratification, acceptance, approval or accession, must be in a position to give effect to this Convention in accordance with its domestic law. ARTICLE 31 Signature This Act is open for signature by every State of the Union and by every other State that was represented at the Diplomatic Conference which accepted this Act. It is open for signature until October 31, 1979. ARTICLE 32 Ratification, Acceptance or Approval; Accession (1) Each state expresses its consent to be bound by these acts by a) depositing an instrument of ratification, acceptance or approval, provided that it has signed these acts, or
b) has deposited a certificate of accession if he has not signed this act. (2) The instruments of ratification, acceptance, approval or accession are deposited with the Secretary General. (3) Before depositing its instrument of accession, each State which is not a member of the Association and has not signed these Acts shall request the Council for an opinion as to whether its laws are compatible with this Act. If the resolution containing the opinion is positive, the certificate of accession can be deposited. ARTICLE 33 Entry into force; Impossibility of acceding to earlier versions (1) This Act shall enter into force one month after the date on which the following conditions are met: a) The number of instruments of ratification, acceptance, approval or accession deposited is at least five; b) at least three of the aforementioned instruments have been deposited by States parties to the 1961 Convention. (2) For each State which deposits its instrument of ratification, acceptance, approval or accession after the conditions referred to in paragraph 1 letters a and b have been fulfilled, this Act shall enter into force one month after the date on which the instrument was issued this state has been deposited. (3) After the entry into force of these Acts in accordance with paragraph 1, a State may no longer accede to the 1961 Convention as amended by the 1972 Additional Act.
ARTICLE 34 Relations between States Bound by Different Versions (1) A member State bound by the 1961 Convention as amended by the 1972 Additional Act on the date on which this Act enters into force for it, applies in its relations with every other member state that is not through this. Act, continues to adhere to the above-mentioned Convention as amended by the Additional Act until this Act also comes into force for this other state. (2) A member state that is not bound by the present Act ("first-named state") may, by notification addressed to the Secretary General, declare that it has adopted the 1961 Convention as amended by the 1972 Additional Act will apply its relations to any state bound by these acts, the union state becomes by ratifying, accepting, approving or acceding to these acts ("the latter state"). During a period of time beginning one month after the date of such a notification and ending with the entry into force of this Act for the first-mentioned State, the latter shall apply the 1961 Convention, as amended by the Additional Act of 1972, in its relations with the latter, while the latter applies these acts in its relations with the former state. ARTICLE 35 Communications on the genera and species eligible for protection; Information to be published (1) Every state that is not already a member state shall notify this when depositing its instrument of ratification, acceptance, approval or accession
in relation to this Act, a list of the genera and species to which this Convention will be applied to the Secretary-General when this Act enters into force for him. ARTICLE 36 Territories (1) Each State may, in its ratification, acceptance, approval
Declare the instrument of accession or accession or notify the Secretary General in writing at any later date that this act is applicable to all or some of the territories specified in the declaration or notification. (2) Any State which has made such a declaration or has made such a notification may at any time notify the Secretary General that these acts are no longer applicable to all or some of these territories. (3) a) Any declaration made under paragraph 1 shall take effect simultaneously with the ratification, acceptance, approval or accession in the instrument of which it was contained, and any notification under that paragraph shall take effect three months after its notification by the Secretary-General. b) Any notification under paragraph 2 shall become effective twelve months after it has been received by the Secretary General.ARTICLE 37 Exemption for protection under two forms of protection (1) Notwithstanding Article 2 (1), any State which, before the expiry of the period during which this act is open for signature, may benefit from protection under the different forms referred to in Article 2 (1) for the same category or Art provides to continue to do so if he notifies the Secretary General at the time he signs these Acts or when he deposits his instrument of ratification, acceptance, approval or accession to these Acts. (2) If in a member state to which paragraph 1 is applicable, protection under the
If the patent law is sought, this state may, in derogation from Article 6 paragraph 1 letters a and b and Article 8, apply the patentability criteria and the term of protection of the Patent Act to the varieties that can be protected under this law. (3) The State concerned may at any time notify the Secretary General that it will withdraw the notification made under paragraph 1. Such a withdrawal will take effect on the date indicated by the state in the notification of the withdrawal. ARTICLE 38 Temporary limitation of the novelty requirement Notwithstanding Article 6, any State of the Union may, without incurring any obligation on the other States of the Union, limit the novelty requirement provided for in that article with regard to varieties which are available at the time when the State concerned this Convention applies for the first time to the genus or species to which the varieties belong, exists but has only recently been bred. ARTICLE 39 Maintenance of well-earned rights This Convention does not affect rights which have been acquired on the basis of the domestic law of the member states or as a result of agreements between these states. ARTICLE 40 Reservations No reservations may be made to this Convention.
ARTICLE 41 Duration and termination of the Agreement (1) This Agreement is concluded for an unlimited period. (2) Any State of the Union may denounce this Convention by notification addressed to the Secretary General. The Secretary General shall immediately notify all member states of the receipt of this notification. (3) The termination takes effect at the end of the calendar year following the year in which the Secretary General received the notification. (4) The termination shall not affect any rights acquired under this Convention in a variety prior to the date on which the termination becomes effective. ARTICLE 42 Languages; Performing the depositary tasks (1) This file is signed in one original in German, English and French; in the event of discrepancies between the different wording, the French wording shall prevail. The original is deposited with the Secretary General. (2) The Secretary-General shall transmit two certified copies of these Acts to the Governments of all States represented at the Diplomatic Conference which adopted these Acts and to the Government of any other State at their request. (3) The Secretary General shall, after consulting the Governments of the participating States which were represented at the said conference, issue official texts in Arabic, Italian,
Japanese, Dutch and Spanish languages, as well as such other languages as the Council of the Union may designate. (4) The Secretary-General shall register these acts with the Secretariat of the United Nations. (5) The Secretary General shall notify the governments of the member states and the states which, without being member states, were represented at the diplomatic conference which accepted these acts of the signing of these acts and the deposit of ratification, acceptance and approval - or certificates of accession, every notification received in accordance with Articles 34 paragraph 2, 36 paragraphs 1 and 2, 37 paragraphs 1 and 3 or 41 paragraph 2 and every declaration made in accordance with Article 36 paragraph 1. IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Convention. DONE at Geneva on the twenty-third day of October one hundred and seventy-eight. The certificate of accession signed by the Federal President and countersigned by the Federal Chancellor was deposited with the Secretary General of the International Union for the Protection of New Varieties of Plants on June 14, 1994; the Convention entered into force for Austria on July 14, 1994, in accordance with its Article 33 (2). According to information from the Secretary General of UPOV, the following other states have ratified or acceded to the Convention: Australia, Denmark, Germany, France, Ireland, Israel, Italy, Japan, Canada, New Zealand, the Netherlands, Poland, Sweden, Switzerland, South Africa, Hungary, United States and United Kingdom.
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