ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of April 28, 2026 No. 393

About modification and amendments in some orders of the Minister of Justice of the Republic of Kazakhstan concerning industrial property

I ORDER:

1. Approve the enclosed list of some orders of the Minister of Justice of the Republic of Kazakhstan to which changes and additions are made.

2. To provide to committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan after day of its first official publication.

3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective since July 12, 2026 and is subject to official publication.

It is approved Ministry of artificial intelligence and digital development of the Republic of Kazakhstan

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of April 28, 2026, No. 393

The list of some orders of the Minister of Justice of the Republic of Kazakhstan concerning industrial property to which changes and additions are made

1. In the order of the Minister of Justice of the Republic of Kazakhstan of August 28, 2018 No. 1316 "About approval of Rules of carrying out certification of persons applying for occupation activities of the patent agent, registration in registers of patent agents and introduction of changes in them" (it is registered in the Register of state registration of regulatory legal acts No. 17322) to make the following changes and additions:

in Rules of carrying out certification of persons applying for occupation activities of the patent agent, registration in registers of patent agents and introduction of changes in them approved by the specified order:

state Item 2 in the following edition:

"2. In these rules the following concepts and terms are used:

1) the candidate – person applying for the occupation right activities of the patent agent;

2) Commission – Commission on questions of activities of patent agents;

3) uslugopoluchatel – physical person, the candidate for patent agents;

4) the patent agent – the citizen of the Republic of Kazakhstan who according to the legislation of the Republic of Kazakhstan is granted the right to representative office of physical persons and legal entities before authorized body and the expert organization;

5) Registers – The register of patent agents of the Republic of Kazakhstan in the field of trademarks, geographical instructions, names of the place of goods origin and the Register of patent agents of the Republic of Kazakhstan in the field of inventions, useful models, industrial designs, selection achievements;

6) payment gateway of "the digital government" (further – PShTsP) – the digital object automating processes of information transfer about carrying out payments within rendering paid services;

7) the digital signature (further – the EDS) – the digital record (set of digital data) created with use of the closed key of the digital signature and means of the digital signature, confirmatory reliability of the electronic document, its accessory and invariance of content.

The state services "Certification of Persons Applying for Occupation Activities of the Patent Agent" and "Issue of the Certificate of the Patent Agent" are Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan (further – the service provider);

In case of modification and (or) amendments to these rules the authorized body sends to the operator of "the digital government", to Single contact center, to the service provider information on such changes and (or) amendments within three working days after state registration in the Ministry of Justice of the corresponding regulatory legal act.

According to the subitem 11) of Item 2 of article 5 of the Law on state services, the service provider provides entering of data into digital monitoring system of rendering the state services on stage of rendering the state service according to the procedure, No. 452 established by the order of the acting minister of transport and communications of the Republic of Kazakhstan of June 14, 2013 "About approval of Rules of entering of data into digital monitoring system of rendering the state services on stage of rendering the state service" (it is registered in the Register of state registration of regulatory legal acts at No. 8555).";

state Item 5 in the following edition:

"5. For certification passing the uslugopoluchatel directs the following documents through the web portal of "the digital government":

1) the statement for the admission to certification of person applying for occupation activities of the patent agent certified by the EDS in the state or Russian languages for form according to appendices 1, 1-1 to these rules;

2) the electronic copy of the document confirming labor activity with length of service at least four years in the field of protection and protection of intellectual property rights or training in chamber of patent agents at least one year;

3) data for passing of certification of persons applying for occupation activities of the patent agent for form according to appendix 2 to these rules.

The data specified in appendix of 2 these rules are verified with the originals of documents represented by uslugopoluchatel in case of appearance on testing certification.";

add with Items 7-1, 7-2, 7-3 and 7-4 of the following content:

"7-1. Suspension of term of rendering the state service begins from the date of the direction of the notification to uslugopoluchatel on the decision of the service provider on suspension of process of rendering the state service. The current of term of rendering the state service renews from the date of decision by the service provider about renewal of process of rendering the state service.

7-2. The service provider stops process of rendering the state service in cases:

1) the death of the citizen (including announcements the dead) or reorganization, liquidations of the legal entity if the rights of uslugopoluchatel to receipt of the corresponding material or non-material benefits are allowed by legal succession;

2) recognitions of the citizen by incapacitated and (or) it is limited capable in the procedure established by the laws of the Republic of Kazakhstan;

3) impossibility of rendering the state service to permission of the questions considered by state bodies or judicially.

7-3. Process of rendering the state service stops:

1) in the cases provided by subitems 1) and 2) of Item 7-2 of these rules – before determination of the legal successor of the died person or appointment to incapacitated face of the guardian;

2) in the cases provided by the subitem 3) of Item 7-2 of these rules – before determination of line item by state body or to the introduction in legal force of court resolution.

7-4. The service provider according to the petition of uslugopoluchatel or on the initiative stops process of rendering the state service in cases:

1) force majeure, the service which is temporarily interfering further process to rendering. Force majeure, the state service which is temporarily interfering further process of rendering, are understood as introduction of emergency state, threat or emergence of emergency situation of natural and technogenic nature;

2) findings of uslugopoluchatel on official journey, in the medical organization on hospitalization, exceeding the term of rendering the state service, except as specified receipts of service by his legal representatives.";

state Item 9 in the following edition:

"9. The service provider in day of receipt of documents performs their acceptance and registration.

In case of the address of the applicant after the termination of working hours, in days off and holidays according to the labor law, reception of applications and issue of results of rendering the state service is performed the next working afternoon.

Data on the document confirming payment, the service provider receives from the corresponding state digital system through PShTsP.";

state Item 10 in the following edition:

"10. Candidate lists, allowed to certification, are placed on Internet resource of the service provider.

The candidate allowed to certification in three working days is notified on the place, date, time of conducting testing through the web portal of "the digital government" electronically and places it on Internet resource of the service provider.

Candidates hand over certification in case of presentation of the identity document, or by means of the "digital document" service within one working day.";

state Item 20 in the following edition:

"20. For receipt of the certificate of the patent agent the candidate directs through the web portal of "the digital government" the application for issue of the certificate of the patent agent in electronic form certified by the EDS of the candidate in the state or Russian languages in form according to appendices 6, 6-1 to these rules.

Data on the document confirming payment, the service provider receives from the corresponding state digital system through PShTsP.

When giving the uslugopoluchatel of the statement in "personal account" of uslugopoluchatel displays the status about acceptance of request for provision of the state service.

The certificate of the patent agent is granted within three working days.";

add with Items 22-1, 22-2, 22-3 and 22-4 of the following content:

"22-1. Suspension of term of rendering the state service begins from the date of the direction of the notification to uslugopoluchatel on the decision of the service provider on suspension of process of rendering the state service. The current of term of rendering the state service renews from the date of decision by the service provider about renewal of process of rendering the state service.

22-2. The service provider stops process of rendering the state service in cases:

1) the death of the citizen (including announcements the dead) or reorganization, liquidations of the legal entity if the rights of uslugopoluchatel to receipt of the corresponding material or non-material benefits are allowed by legal succession;

2) recognitions of the citizen by incapacitated and (or) it is limited capable in the procedure established by the laws of the Republic of Kazakhstan;

3) impossibility of rendering the state service to permission of the questions considered by state bodies or judicially.

22-3. Process of rendering the state service stops:

1) in the cases provided by subitems 1) and 2) of Item 7-2 of these rules – before determination of the legal successor of the died person or appointment to incapacitated face of the guardian;

2) in the cases provided by the subitem 3) of Item 7-2 of these rules – before determination of line item by state body or to the introduction in legal force of court resolution.

22-4. The service provider according to the petition of uslugopoluchatel or on the initiative stops process of rendering the state service in cases:

1) force majeure, the service which is temporarily interfering further process to rendering. Force majeure, the state service which is temporarily interfering further process of rendering, are understood as introduction of emergency state, threat or emergence of emergency situation of natural and technogenic nature;

2) findings of uslugopoluchatel on official journey, in the medical organization on hospitalization, exceeding the term of rendering the state service, except as specified receipts of service by his legal representatives.";

be reworded as follows appendix 1 according to appendix 1 to this list;

be reworded as follows appendix 1-1 according to appendix 2 to this list;

be reworded as follows appendix 2 according to appendix 3 to this list;

be reworded as follows appendix 4 according to appendix 4 to this list;

be reworded as follows appendix 5 according to appendix 5 to this list;

be reworded as follows appendix 5-1 according to appendix 6 to this list;

be reworded as follows appendix 6 according to appendix 7 to this list;

be reworded as follows appendix 6-1 according to appendix 8 to this list;

be reworded as follows appendix 7 according to appendix 9 to this list.

2. In the order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2018 No. 1340 "About approval of Rules of registration of trademarks, geographical instructions and names of places of goods origin in the State register of trademarks, the State register of geographical instructions and the State register of names of places of goods origin and issue of security documents and their duplicates, cancellation of registration and recognition its invalid, and also forms of certificates" (it is registered in the Register of state registration of regulatory legal acts No. 17414) to make the following changes and additions:

in Rules of registration of trademarks, geographical instructions and names of places of goods origin in the State register of trademarks, the State register of geographical instructions and the State register of names of places of goods origin and issue of security documents and their duplicates, cancellation of registration and recognition its invalid, and also forms of the certificates approved by the specified order:

state Item 1 in the following edition:

"1. These rules of registration of trademarks, geographical instructions and names of places of goods origin in the State register of trademarks, the State register of geographical instructions and the State register of names of places of goods origin and issue of security documents and their duplicates, cancellation of registration and recognition its invalid (further – Rules) are developed according to the subitem 2) of Item 2 of article 3 of the Law of the Republic of Kazakhstan "About trademarks, service marks, geographical instructions and names of places of goods origin" (further – the Law) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state and socially responsible services" (further – the Law on state services) and determine order of registration of trademarks, geographical instructions and names of places of goods origin in the State register of trademarks, State register of geographical instructions and State register of names of places of goods origin, issue of security documents and their duplicates, cancellation of registration and recognition its invalid and procedure for rendering the state services.";

state Item 2 in the following edition:

"2. In these rules the following concepts and reducings are used:

1) the bulletin – the official periodical concerning protection of trademarks, geographical instructions and names of places of goods origin;

2) VOIS – World Intellectual Property Organization;

3) the well-known trademark – the designation used as the trademark, or the trademark recognized well-known by the decision of authorized body, based on proofs of interested persons;

4) the trademark, service mark (further – the trademark) – the designation registered according to the Law, or protected without registration owing to international treaties in which the Republic of Kazakhstan participates, serving for difference of goods (services) of one legal entities or physical person from homogeneous goods (services) of other legal entities or physical persons;

5) patent agents are citizens of the Republic of Kazakhstan who according to the legislation of the Republic of Kazakhstan are granted the right to representative office of physical persons and legal entities before authorized body and the expert organization;

6) the owner (owner) of the trademark or the owner of right to use by geographical specifying and the name of the place of goods origin – the physical person or legal entity having exclusive right on the trademark or exclusive right of use of geographical specifying and the name of the place of goods origin;

7) MKTU – the international classification of goods and services;

8) geographical specifying – the designation identifying the goods occurring from the territory of geographical object, certain quality, reputation or other characteristics of which are substantially connected with its geographical origin. In the territory of this geographical object one of goods production stages having significant effect on forming of its characteristics shall be performed at least;

9) the name of the place of goods origin – the designation representing or containing the modern or historical, official or unofficial, full or abbreviated name of the country, settlement, area or other geographical object which is including it the name or derivative of such name and became known as a result of its use in respect of goods which special characteristics only or are mainly determined by environment and (or) human factors, characteristic of this geographical object. In the territory of this geographical object all production stages of goods having significant effect on forming of special characteristics of goods shall be performed;

10) ENID – the international codes for identification of bibliographic data;

11) the web portal of "the digital government" www.egov.kz (further – the portal) – digital objects, representing "single window" of access to all consolidated government information, including the regulatory legal base, and to the state and other services rendered electronically;

12) payment gateway of "the digital government" (further – PShTsP) – the digital object automating processes of information transfer about carrying out payments within rendering paid services;

13) the digital signature (further – the EDS) – the digital record (set of digital data) created with use of the closed key of the digital signature and means of the digital signature, confirmatory reliability of the electronic document, its accessory and invariance of content.

In case of modification and (or) amendments to these rules the authorized body sends to the operator of "the digital government", to Single contact center, to the service provider information on such changes and (or) amendments within three working days after state registration in the Ministry of Justice of the corresponding regulatory legal act.

According to the subitem 11) of Item 2 of article 5 of the Law on state services, the service provider provides entering of data into digital monitoring system of rendering the state services on stage of rendering the state service according to the procedure, No. 452 established by the order of the acting minister of transport and communications of the Republic of Kazakhstan of June 14, 2013 "About approval of Rules of entering of data into digital monitoring system of rendering the state services on stage of rendering the state service" (it is registered in the Register of state registration of regulatory legal acts at No. 8555).";

state Item 3 in the following edition:

"3. Based on the decision of the Republican state company on the right of economic maintaining "National institute of intellectual property" of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan (further – the service provider) about registration of the trademark and in case of fee of the service provider for registration of the trademark, data according to the trademark with assignment to it sequence number (further – number of registration) and specifying of date of introduction of data are entered in the State register of trademarks (further – registration date).";

state Item 13 in the following edition:

"13. The payment is performed by non-cash method through payment gateway of bank of the second level integrated with digital system of the service provider of newcab.kazpatent.kz on the bank details specified in appendix 3 to these rules.

In case of the direction uslugopoluchately statements through the portal in "personal account" the status about acceptance of request for rendering the state service is automatically displayed.";

the fourth Item 14 to state the paragraph in the following edition:

"Data on the document confirming payment, the service provider receives from the corresponding state digital system through PShTsP.";

add with Items 14-1, 14-2, 14-3 and 14-4 of the following content:

"14-1. Suspension of term of rendering the state service begins from the date of the direction of the notification to uslugopoluchatel on the decision of the service provider on suspension of process of rendering the state service. The current of term of rendering the state service renews from the date of decision by the service provider about renewal of process of rendering the state service.

14-2. The service provider stops process of rendering the state service in cases:

1) the death of the citizen (including announcements the dead) or reorganization, liquidations of the legal entity if the rights of uslugopoluchatel to receipt of the corresponding material or non-material benefits are allowed by legal succession;

2) recognitions of the citizen by incapacitated and (or) it is limited capable in the procedure established by the laws of the Republic of Kazakhstan;

3) impossibility of rendering the state service to permission of the questions considered by state bodies or judicially.

14-3. Process of rendering the state service stops:

1) in the cases provided by subitems 1) and 2) of Item 7-2 of these rules – before determination of the legal successor of the died person or appointment to incapacitated face of the guardian;

2) in the cases provided by the subitem 3) of Item 7-2 of these rules – before determination of line item by state body or to the introduction in legal force of court resolution.

14-4. The service provider according to the petition of uslugopoluchatel or on the initiative stops process of rendering the state service in cases:

1) force majeure, the service which is temporarily interfering further process to rendering. Force majeure, the state service which is temporarily interfering further process of rendering, are understood as introduction of emergency state, threat or emergence of emergency situation of natural and technogenic nature;

2) findings of uslugopoluchatel on official journey, in the medical organization on hospitalization, exceeding the term of rendering the state service, except as specified receipts of service by his legal representatives.";

state Item 17 in the following edition:

"17. The payment is performed by non-cash method through payment gateway of bank of the second level integrated with digital system of the service provider of newcab.kazpatent.kz on the bank details specified in appendix 3 to these rules.

In case of the direction uslugopoluchately statements through the portal in "personal account" the status about acceptance of request for rendering the state service is automatically displayed.";

the fourth Item 18 to state the paragraph in the following edition:

"Data on the document confirming payment, the service provider receives from the corresponding state digital system through PShTsP.";

add with Items 18-1, 18-2, 18-3 and 18-4 of the following content:

"18-1. Suspension of term of rendering the state service begins from the date of the direction of the notification to uslugopoluchatel on the decision of the service provider on suspension of process of rendering the state service. The current of term of rendering the state service renews from the date of decision by the service provider about renewal of process of rendering the state service.

18-2. The service provider stops process of rendering the state service in cases:

1) the death of the citizen (including announcements the dead) or reorganization, liquidations of the legal entity if the rights of uslugopoluchatel to receipt of the corresponding material or non-material benefits are allowed by legal succession;

2) recognitions of the citizen by incapacitated and (or) it is limited capable in the procedure established by the laws of the Republic of Kazakhstan;

3) impossibility of rendering the state service to permission of the questions considered by state bodies or judicially.

18-3. Process of rendering the state service stops:

1) in the cases provided by subitems 1) and 2) of Item 7-2 of these rules – before determination of the legal successor of the died person or appointment to incapacitated face of the guardian;

2) in the cases provided by the subitem 3) of Item 7-2 of these rules – before determination of line item by state body or to the introduction in legal force of court resolution.

18-4. The service provider according to the petition of uslugopoluchatel or on the initiative stops process of rendering the state service in cases:

1) force majeure, the service which is temporarily interfering further process to rendering. Force majeure, the state service which is temporarily interfering further process of rendering, are understood as introduction of emergency state, threat or emergence of emergency situation of natural and technogenic nature;

2) findings of uslugopoluchatel on official journey, in the medical organization on hospitalization, exceeding the term of rendering the state service, except as specified receipts of service by his legal representatives.";

state Item 21 in the following edition:

"21. The payment is performed by non-cash method through payment gateway of bank of the second level integrated with digital system of the service provider of newcab.kazpatent.kz on the bank details specified in appendix 3 to these rules.

In case of the direction uslugopoluchately statements through the portal in "personal account" the status about acceptance of request for rendering the state service is automatically displayed.";

the fourth Item 22 to state the paragraph in the following edition:

"Data on the document confirming payment, the service provider receives from the corresponding state digital system through PShTsP.";

add with Items 22-1, 22-2, 22-3 and 22-4 of the following content:

"22-1. Suspension of term of rendering the state service begins from the date of the direction of the notification to uslugopoluchatel on the decision of the service provider on suspension of process of rendering the state service. The current of term of rendering the state service renews from the date of decision by the service provider about renewal of process of rendering the state service.

22-2. The service provider stops process of rendering the state service in cases:

1) the death of the citizen (including announcements the dead) or reorganization, liquidations of the legal entity if the rights of uslugopoluchatel to receipt of the corresponding material or non-material benefits are allowed by legal succession;

2) recognitions of the citizen by incapacitated and (or) it is limited capable in the procedure established by the laws of the Republic of Kazakhstan;

3) impossibility of rendering the state service to permission of the questions considered by state bodies or judicially.

22-3. Process of rendering the state service stops:

1) in the cases provided by subitems 1) and 2) of Item 7-2 of these rules – before determination of the legal successor of the died person or appointment to incapacitated face of the guardian;

2) in the cases provided by the subitem 3) of Item 7-2 of these rules – before determination of line item by state body or to the introduction in legal force of court resolution.

22-4. The service provider according to the petition of uslugopoluchatel or on the initiative stops process of rendering the state service in cases:

1) force majeure, the service which is temporarily interfering further process to rendering. Force majeure, the state service which is temporarily interfering further process of rendering, are understood as introduction of emergency state, threat or emergence of emergency situation of natural and technogenic nature;

2) findings of uslugopoluchatel on official journey, in the medical organization on hospitalization, exceeding the term of rendering the state service, except as specified receipts of service by his legal representatives.";

state Item 28 in the following edition:

"28. The payment is performed by non-cash method through payment gateway of bank of the second level integrated with digital system of the service provider of newcab.kazpatent.kz on the bank details specified in appendix 3 to these rules.

In case of the direction uslugopoluchately statements through the portal in "personal account" the status about acceptance of request for rendering the state service is automatically displayed.";

the fourth Item 29 to state the paragraph in the following edition:

"Data on the document confirming payment, the service provider receives from the corresponding state digital system through PShTsP.";

be reworded as follows appendix 1 according to appendix 10 to this list;

be reworded as follows appendix 2 according to appendix 11 to this list;

be reworded as follows appendix 3 according to appendix 12 to this list;

be reworded as follows appendix 4 according to appendix 13 to this list;

be reworded as follows appendix 6 according to appendix 14 to this list;

be reworded as follows appendix 7 according to appendix 15 to this list;

be reworded as follows appendix 9 according to appendix 16 to this list;

be reworded as follows appendix 10 according to appendix 17 to this list;

be reworded as follows appendix 14 according to appendix 18 to this list;

be reworded as follows appendix 15 according to appendix 19 to this list;

to state appendix 2 to the specified order according to appendix 20 to this list;

to state appendix 3 to the specified order according to appendix 21 to this list;

to state appendix 4 to the specified order according to appendix 22 to this list.

3. In the order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2018 No. 1341 "About approval of Rules of registration of objects of industrial property in the State register of inventions, the State register of useful models, the State register of industrial designs and issues of security documents and their duplicates, recognitions invalid and early termination of action of patents" (it is registered in the Register of state registration of regulatory legal acts No. 17415) to make the following changes and additions:

in Rules of registration of objects of industrial property in the State register of inventions, the State register of useful models, the State register of industrial designs and issues of security documents and their duplicates, recognitions invalid and early termination of action of the patents approved by the specified order:

state Item 1 in the following edition:

"1. These rules of registration of objects of industrial property in the State register of inventions, the State register of useful models, the State register of industrial designs and issues of security documents and their duplicates, recognitions invalid and early termination of action of patents (further – Rules) are developed according to the Law of the Republic of Kazakhstan "The patent law of the Republic of Kazakhstan", the Law of the Republic of Kazakhstan "About the state and socially responsible services" (further – the Law) and determine order of registration of objects of industrial property in the State register of inventions, the State register of useful models, the State register of industrial designs and issues of security documents and their duplicates, recognitions invalid and early termination of action of patents, and also procedure for rendering the state services.";

14) and 15) of Item 2 to state subitems in the following edition:

"14) the web portal of "the digital government" www.egov.kz, www.elicense.kz (further – the portal) – the digital system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;

15) payment gateway of "the digital government" (further – PShTsP) – the digital object automating processes of information transfer about carrying out payments within rendering paid services;";

state Item 3 in the following edition:

"3. Based on the decision of the Republican state company on the right of economic maintaining "National institute of intellectual property" of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan (further – the service provider) about patent grant and in case of representation by the applicant of the document confirming service fee of the service provider on preparation of documents for patent grant and the publication in the State registers of inventions, useful models, industrial designs of the Republic of Kazakhstan data on object of industrial property are entered.";

to state paragraph two of Item 7 in the following edition:

"The payment is performed by non-cash method through payment gateway of bank of the second level integrated with digital system of the service provider of newcab.kazpatent.kz on the bank details specified in appendix 3 (further – bank details) to these rules.";

to state the paragraph of the seventh of Item 8 in the following edition:

"Data on the document confirming payment, the service provider receives from the corresponding state digital system through PShTsP.";

add with Items 8-1, 8-2, 8-3 and 8-4 of the following content:

"8-1. Suspension of term of rendering the state service begins from the date of the direction of the notification to uslugopoluchatel on the decision of the service provider on suspension of process of rendering the state service. The current of term of rendering the state service renews from the date of decision by the service provider about renewal of process of rendering the state service.

8-2. The service provider stops process of rendering the state service in cases:

1) the death of the citizen (including announcements the dead) or reorganization, liquidations of the legal entity if the rights of uslugopoluchatel to receipt of the corresponding material or non-material benefits are allowed by legal succession;

2) recognitions of the citizen by incapacitated and (or) it is limited capable in the procedure established by the laws of the Republic of Kazakhstan;

3) impossibility of rendering the state service to permission of the questions considered by state bodies or judicially.

8-3. Process of rendering the state service stops:

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