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International Agency and Distribution Law, 3rd Edition

International Agency and Distribution Law, 3rd Edition

  • Author:
  • Publisher: Juris Publishing_
  • ISBN: 9781578235513
  • Published In: October 2021
  • Format: Hardback , 1924 pages
  • Jurisdiction: Argentina, Austria, Belgium, Brazil, Bulgaria, Canada, China, Colombia, Costa Rica, Cyprus, Czech Republic, Denmark, Ecuador, Egypt, Estonia, European Union, Finland, France, Germany, Greece, Hungary, Indonesia, International, Ireland, Israel, Italy, Kenya, Latvia, Lithuania, Luxembourg, Malaysia, Mexico, Netherlands, New Zealand, Norway, Peru, Philippines, Portugal, Romania, Russia, Scotland, Singapore, Spain, Sweden, Switzerland, Thailand, U.K., U.S., Ukraine, Venezuela, Vietnam ? Disclaimer:
    Countri(es) stated herein are used as reference only
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    International Agency and Distribution Law provides comprehensive coverage of the laws and practices of more than 50 countries world-wide, as well as the European Union. The work, written by leading practitioners and experts from each respective jurisdiction, provides information and analysis on the issues that should be covered in a properly drafted distribution agreement. Differences in language, currency, and legal structures and the geographical separation of parties present difficulties for exporters, most of which can be overcome by the careful selection of a distributor in the country of distribution. The use of an experienced distributor in the local jurisdiction represents the easiest and most expeditious means of entering a foreign market. International Agency and Distribution Law examines all important facets of law and practice impacting on distribution and agency, including: the laws affecting the sale of goods through use of local agents and distributors, addressing issues relating to distribution contracts, employment, tax liabilities, liability for the acts of an agent, and dispute resolution. This work is a required reference for those involved in agency and distribution law.

  • Argentina
    Definitions
    General Environment for Agents
    Rights and Duties of the Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Remediable or Non-Remediable, Fundamental or Non-Fundamental Breaches
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    Distribution

    Austria
    Introduction
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributor Relationship
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    Belgium
    General Environment for Agents
    Formation of Agency Relationship
    Termination
    European Law
    General Environment for Distributors
    Formation of Distributorship Relationship
    Execution of Exclusive Sales Distribution Contract
    Termination of Exclusive Sales Distribution Contract for Indefinite Term
    National Competition Law
    Taxation
    Litigation Issues

    Brazil
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributor Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    Bulgaria
    General Environement for Agents
    Formation of the Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    Distribution
    Formation of Distribution Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    Canada
    General Environment for Agents
    Rights and Duties of Agents and Principals
    Formation of Agency Relationship
    Operational Aspects
    Intellectual Property
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination of a Distributorship
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    China
    Introduction
    General Environment for Agents
    Formation of the Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    Introduction
    General Environment for Distributors
    Formation of a Distribution Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Litigation Issues
    Product Liability

    Colombia
    Environment for Agents
    General Business Climate, Business and Trade Licensing
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributor Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    Costa Rica
    General Environment for Agents
    Termination
    Intellectual Property
    National Competition
    Taxation
    Litigation
    Product Liability
    Conclusion

    Cyprus
    Introduction
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    Competition Law
    Litigation Issues
    Product Liability
    Distributorship

    Czech Republic
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributor Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Litigation Issues
    Product Liability

    Denmark
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Litigation Issues
    Product Liability
     

    Ecuador
    General Environment for Agents
    Establishment of an Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributor Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Issues Submissable to Arbitration
    Product Liability

    Egypt
    Introduction
    Formal Requirements and Qualifications for Distributors and Agents
    General Duties and Powers of Agents, Distributors and Principals
    Procedural and Drafting Considerations for Agreements with Agents and Distributors

    England and Wales
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship
    Operational Aspects
    Termination
    Intellectual Property
    Competition Law
    Taxation
    Litigation Issues
    Product Liability
    Appendix

    Estonia
    Introduction
    Formation of Agency and Distributor Relationships, Operational Aspects and Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues

    European Union
    Introduction
    Agency
    Distribution
    Conclusion

    Finland
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation

    France
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    Germany
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Libaility

    Greece
    Introduction
    Agency
    Distributorship

    Hungary
    Introduction
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distribution Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    Indonesia
    Introduction
    Formation of an Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of the Distributor Relationship
    Operational Aspects
    Termination
    Intellectual Property
    Taxation
    Litigation Issues
    Product Liability

    Ireland
    Introduction
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Compensation Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    Israel
    Introduction
    Law of Agency
    Formation of Agency and Distributor Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    Law of Distributorship
    National Competition Law

    Italy
    General Environment for Agents
    Formation of Agency Relationship
    Functioning of the Agent-Principal Relationship
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    Kenya
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributor Relationship
    Operational Aspects
    Termination
    Litigation Issues
    Product Liability

     Latvia
    Introduction
    Agency Relationship
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Distribution Relationship
    Formation of Distribution Relationship
    Operational Aspects
    Termination
    Taxation
    Litigation Issues

    Lithuania
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Operational Aspects
    Termination
    Intellectual Property
    Product Liability

    Luxembourg
    Introduction
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributor Relationship
    Operational Aspects
    Termination
    National Competition Law
    Litigation Issues
    Product Liability

    Malaysia
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues Product Liability

    Mexico
    Introduction
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Litigation Issues

    Netherlands
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Litigation Issues
    Product Liability
    Appendix 1
    Appendix 2

    New Zealand
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    Norway
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    National Competiton Law
    Taxation
    Litigation Issues
    Product Liability

    Peru
    Agency
    Distributorship

    Philippines
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    Portugal
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distribution Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    Romania
    General Environment for Agents
    Formation of Agency Relationships
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributor Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    Russia
    Introduction
    Formation of an Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    Competition Law
    Taxation
    Litigation Issues
    Product Liability
    Distributorship

    Scotland
    General Environment for Agents
    Termination
    Intellectual Property
    National Competition Law

    Singapore
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    Unfair Competition Law
    Taxation
    Litigation Issues
    Product Liability
    Distinction between Distributor and Agent
    Commercial Considerations: Agent or Distributor?
    Formation of the Distributorship Relationship
    Common Terms in a Distribution Agreement
    Prohibited and Unfair Trade Practices
    Resolution of Disputes Arising from the Distribution Agreement
    Consumer Protection and Product Liability
    Fiscal Matters

    Spain
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Operational Aspects
    Termination
    Product Liability

    Sweden
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Product Liability

    Switzerland
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    Appendix

    Thailand
    Agency
    General Environment
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    Distributorship
    General Environment
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Litigation Flow Chart of Pre-Trial Proceedings

    Ukraine
    Introduction
    General Business Climate, Business and Trade Licensing
    Product Licensing
    Import Regime, Customs, and Duties
    Exchange Control
    Tax Regime
    Formation of Agency Relationship
    Operational Aspects
    Sales Quotas
    Failue to Exploit Agency
    Termination
    Intellectual Property
    National Legislation on Competition
    Taxation
    Litigation Issues
    Product Liability
    Distributors
    Operational Aspects
    Orders, Delivery Timetables, and Assurances
    Reimbursement of Distributor's Expenses
    Termination
    Intellectual Property
    Litigation Issues
    Product Liability

    United States
    General Environment for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability

    Venezuela
    General Environemt for Agents
    Formation of Agency Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition Law
    Taxation
    Litigation Issues
    Product Liability
    General Environment for Distributors
    Formation of Distributorship Relationship
    Operational Aspects
    Termination
    Intellectual Property
    National Competition LAw
    Taxation
    Litigation Issues
    Product Liability

    Vietnam
    Introduction
    General Environment for Agents 
    General Business Climate, Business and Trade Licensing 
    Formation of Agency Relationship 
    Mandatory, Prohibited or Reserved Activities or Purposes 
    Operational Aspects 
    Termination
    Intellectual Property
    Duty to Protect Confidentiality and Prosecuting Infringements 
    Liability for Infringements and Indemnity
    National Competition Law
    Taxation 
    Litigation Issues 
    Product Liability 
    Types of Distributor 
    General Business Climate, Business and Trade Licensing 
    Product Licensing 
    Formation of Distributor Relationship 
    Capacity of Parties and Registration or Licensing of Distributor or
    Supplier
    Express or Implicit Agreements
    Formalities of Agreement 
    Operational Aspects 
    Termination
    Compensation for Lost Profits 
    Goodwill Interest Payments 
    Return of Stock, Publicity Material, Books and Other Documents
    Intellectual Property
    National Competition Law
    Exclusive Markets and Territories 
    Taxation 
    Litigation Issues

  • General Editor:

    Professor Dennis Campbell is the Director of the Center for International Legal Studies (CILS) in Salzburg, Austria, and teaches as an adjunct Professor at Suffolk University Law School. He is the former Director of International Programs and Professor of Law at University of the Pacific, McGeorge School of Law. He has lectured at Stockholm University, Helsinki University, Salzburg University, National University of Taiwan, Warsaw University, and Jagiellonian University. He is a member of the New York State Bar and the Iowa State Bar and is a former Assistant Secretary of the California State Senate.

    The Center for International Legal Studies promotes the dissemination of information among members of the international legal community, through research and publication projects, post-graduate and professional training programs, and academic seminars, professional symposia and continuing legal education conferences. Nearly 5,000 lawyers worldwide have been designated as Fellows of the CENTER FOR INTERNATIONAL LEGAL STUDIES in recognition of their contributions to its programs. The Center provides observers on a regular basis at meetings of UNCITRAL and its Working Groups in Vienna and New York.

    Contributors:

    Introduction - Dennis Campbell, Center for International Legal Studies

    Argentina - Mario Eduardo Castro Sammartino, Castro Sammartino & Pierini

    Austria - Alexander Klauser and Bernhard Girsch, Brauneis, Klauser & Prändl and Peter Polak and Jakob Molzbichler, Fiebinger, Polak, Leon & Partner, Rechtsanwälte GmbH

    Belgium - Joanna Kraus-KolberStrelia

    Brazil - Roberto Trigueiro Fontes and Rodrigo Cesar Caldas de Sá, Trigueiro Fontes – Advogados

    Bulgaria - Milena Rizova and Peter Boyukliev, Yordanova, Rizova and Partners

    Canada - Richard R Wozenilek, Keel Cottrelle LLP

    China - Peter Jiang, C&M (China) Law Offices

    Colombia - José Francisco Mafla, Brigard & Urrutia

    Costa Rica - Humberto Pacheco A. and Abraham SternSfera Legal 

    Cyprus - Elias Neocleous & Co LLC

    Czech Republic - Marek Bednář, Glatzová & Co and Vit Horáček, Dr. Vit Horáček, Lawyer

    Denmark - Steen Rosenfalck, ebl miller rosenfalck

    Ecuador - Jorge Cevallos J. and Rodrigo Jijon L., Pérez Bustamante & Ponce

    Egypt - Nouran Shaaban, Azmi & Associates

    England and Wales - Steen Rosenfalck, ebl miller rosenfalck

    Estonia - Aet Bergmann, bnt attorneys-at-law Advokaadibüroo OÜ

    European Union - Héctor Jausàs and Maria Cedó, Fieldfisher JAUSAS  

    Finland - Peter Anthoni, Bützow Nordia

    France - Mark Henderson, Clifford Chance

    Germany - Rolf Trittmann, Freshfields Bruckhaus Deringer

    Greece - John Dryllerakis, Dryllerakis & Associates

    Hungary - Gyula Gábriel, Bogsch & Partners

    Indonesia - Helena Adnan, Adnan Kelana Haryanto & Hermanto

    Ireland - LK Shields Solicitors, Dublin

    Israel - Barry Levenfeld and Yoheved Novogroder-­Shoshan, Yigal Arnon & Co.

    Italy - Maurizio Bernardi, Pirola Pennuto Zei & Associati

    Kenya - Hamilton Harrison & Mathews

    Latvia - Indra Simsone, bnt attorneys-at-law

    Lithuania - Vaidotas Puklevicius, Bernotas & Dominas Glimstedt

    Luxembourg - Katia Manhaeve, Allen & Overy and Nathalie Hilgert and Thierry Schiltz, Magistrates Luxembourg

    Malaysia - Samuel SC Hong, Zain & Co

    Mexico - Juan Francisco Torres Landa R and Karla Rabasa A., Hogan Lovells

    The Netherlands - Michiel Bijloo, Jeroen Bedaux, Maarten Hoelen and Martje Kiers, Baker & McKenzie

    New Zealand - Philip Wood, Buddle Findlay

    Norway - Jørgen Stang Heffermehl, Advokatfirmaet Simonsen

    Peru - Alfred Kossuth, Ferrero, Lema, Solari & Santivánez

    The Philippines - Philip Sifrid Alfaro Fortun, Mylene Marcia-Creencia, and Bayani B Loste, Fortun Narvasa & Salazar

    Portugal - Ana Maria Santos Reis and Ricardo Soures Domingos, Noronha Advogados and Vera Helena De Moraes Dantas, Noronha Advogados

    Romania - Anca Irena Tudorie and Miha Romeo Nicolescu, Popovici & Asociatii SCPA

    Scotland - Simon T D Brown, Anderson Strathern

    Singapore - Ponnampalam Sivakumar, Ella Cheong & Mirandah

    Spain - Juan Escudero Herreros, Estudio Jurídico Almagro

    Sweden - Claes Langenius and Per Gustafsson, Hammarskiöld & Co

    Switzerland - Elisa Aliotta, Adrian Bieri, and Alain Villard, Bratschi AG

    Thailand - Boonchoo Yensabai, Boonchoo & Glickman Ltd

    Ukraine - Anna V Tsyrat, Jurvneshservice Law Firm

    United States - H Stephen Harris, Jr., Alston & Bird

    Venezuela - Carlos Eduardo Acedo, Mendoza, Palacios, Acedo, Borjas, Páez Pumar & Cía

    Vietnam - Sesto E Vecchi and Chu Bao Khanh, Russin & Vecchi

    Appendix - Michael L Weissman, Holland & Knight LLC

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