Who Owns Science? The Manchester Manifesto - needs discovery knowledge

 
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Who Owns Science? The Manchester Manifesto - needs discovery knowledge
needs

curiosity   discovery      knowledge

  good      application   understanding

              harm           culture

Who Owns Science?
The Manchester Manifesto
Who Owns Science? The Manchester Manifesto - needs discovery knowledge
2 The Manchester Manifesto

The Manchester Manifesto

Science, along with the innovation it generates, is a vast enterprise: commercial and
pro-bono, public and private, industrial and educational, amateur and professional.
It permeates our lives and shapes the world. Some say it is a defining characteristic
of humanity, stimulating and harnessing our innate curiosity and, more than any
other endeavour, shaping our world and, increasingly, ourselves.

For many reasons, some of which are set             Statement of the problem
out below, it is increasingly important to          Science is a rapidly growing industry. Beyond     The initial meetings of the Manchester
consider the question of “Who Owns                  basic research, the commercialisation of          Manifesto Group in 2008-2009 established
Science?”. The answer to this question              technologies and development of new products      that the current method of managing
will have broad-ranging implications: for           from bench top to marketplace is a complex        innovation (and perhaps in particular IP in its
scientific progress, for equity of access to        process. In asking “Who Owns Science?”, we        present form), whilst deeply embedded in
scientific knowledge and its fruits and for         are concerned with all aspects of this process:   current practice and hence of practical
the fair distribution of the benefits and           scientific discovery, development, application    importance, also has significant drawbacks in
the burdens of science and innovation – in          and distribution; and the interactions between    terms of its effects on science and economic
short, for global justice and human                 each aspect. The way in which this is managed,    efficiency, and raises ethical issues because of
progress.                                           and in particular the way in which access to      its (often adverse) effects on people and
                                                    technologies is facilitated and controlled, is    populations.
                                                    having and will inevitably have an increasing
Our approach                                        impact on the course of science-based             The Manchester Manifesto Group considered
                                                    technological innovation.                         the core goals of science and identified various
The Manchester Manifesto Group brings
                                                                                                      issues and problems with the current system of
together international experts from relevant
                                                    An important component of the innovation          ownership and management of science and
disciplines to address the question of “Who
                                                    process has been the idea of “ownership” in       innovation, highlighting elements that hinder
Owns Science?” Led by two research institutes
                                                    science and technology. This concept has          or obstruct achievement of these goals.
at The University of Manchester, the Institute
                                                    arisen partly in the context of profiting from    Reflecting on these problems, we were able to
for Science, Ethics and Innovation and the
                                                    research and development, but also has            articulate some broad principles and policy
Brooks World Poverty Institute, chaired by John
                                                    implications for much broader issues such as      considerations to guide any investigation or
Sulston and Joseph Stiglitz, respectively, the
                                                    control of and access to scientific information   evaluation of alternative systems of innovation.
Group represents a critical mass of research
                                                    and products that result from research, in        Finally, we outlined some questions that must
expertise that are ideally equipped to meet the
                                                    terms of both the private and socio-political     be addressed if we are to move towards
challenges and problems outlined above. The
                                                    dimensions of ownership.                          solutions to the problems identified by the
Group’s members are drawn from a broad
                                                                                                      group. We call for further research in these
range of academic disciplines and relevant          To manage the ownership of science and the        areas as a matter of great importance, in order
sectors, including economics, science,              fruits of research, an intricate system of        to answer the question not only of “Who
innovation, law, philosophy, ethics and public      intellectual property (IP) law has developed.     Owns Science?”, but of who ought to own
policy. Our goal has been not only to               The justifications for IP law as it exists at     science and how the goals of science can best
investigate the question of “Who Owns               present include the idea that it is required in   be fulfilled.
Science?” but to present and apply our              order to facilitate scientific and economic
findings to maximum effect in order to make a       benefit from innovation, and that it provides a
difference in the real world as to how science is   fair and morally justifiable way of rewarding
used, and hence to “build a better future for       those who invest in the process of discovery
humanity”.                                          and regulating access to these benefits.
Who Owns Science? The Manchester Manifesto - needs discovery knowledge
www.manchester.ac.uk/isei 3

Goals, Problems and Issues
in Science and Innovation

Goals                                                                                                     Issues/Problems in the
                                                                                                          Current Management
Science and the public good                           Reciprocal responsibilities of science
                                                      and society                                         of Innovation
Science can serve the public good by
generating knowledge to meet human needs              The relationship between science and society is     The interests and contributions of inventors
and purposes. This includes knowledge with            essentially one of reciprocity, mutual benefit,     and authors deserve to be recognised fairly.
direct application to current challenges and          and needs to be seen to be so. Just as science      However the current dominant model of
pure/undirected endeavour (so called “blue            has responsibilities to the public good, the        innovation and commercialisation of science
skies” research) that forms the essential basis       public has responsibilities towards science as      poses a number of problems. It has potential
for future scientific discovery.                      the collective recipient of its benefits and as a   to encourage innovation and stimulate
                                                      major funder of its activities – a relationship     research and development, but also to frustrate
• The pursuit of pure (unapplied) scientific          that is often mediated by policy:                   innovation and stifle research and
  research is clearly in the public interest, since                                                       development; and can hinder science from
  curiosity expands knowledge, which is in            • Public confidence in and engagement with          operating in a way consistent with the public
  itself a good thing. This justifies investment        science is vital; openness to public scrutiny     good.
  in such research.                                     can help to maintain trust and support.
                                                        Science should be open to the public,             Access to benefits of research
• Science-based technological innovation                enabling understanding of its purposes and
  further serves the public good by playing a           implications.                                     Current models can restrict or prevent public
  key role in economic growth and                                                                         access to the benefits of research – both the
  development.                                        • Society needs to provide just and effective       information generated by scientific endeavour
                                                        conditions for the increase of scientific         and the products of innovation based on that
• There is a basic public interest in access to         knowledge. Any management mechanisms              science – and thereby hinder science from
  knowledge.                                            should be justifiable, appropriate, and built     serving the public good.
                                                        on a sound understanding of both science
Innovation and the public good                          and the systems in which it operates.             • Certain licensing and commercial practices
                                                                                                            can restrict access to the products of science
Management of innovation has significant              • To achieve the goals of promoting scientific        and innovation, particularly for those with
implications for scientific progress and human          progress and human welfare, the scientific          limited market power.
welfare. It affects the distribution of benefits,       community has a responsibility to facilitate
access to technology, dissemination of                  reflection of scientific understanding in         • This is of particular concern in the case of
knowledge, and the pace and direction of                policy, and should seek participation in            those products that address basic needs
research.                                               policy-making processes and debates at the          (such as health care).
                                                        national and international level.
• Innovation should operate for the public                                                                • The current model rewards particular kinds
  good, amongst other goals.                          • Policy-makers need to ensure that there are         of creative effort, namely those which result
                                                        opportunities for voices from the scientific        in commercial gain. It is therefore likely to
• Given their efforts and investments, the                                                                  hinder innovation of products that have
                                                        community to be heard. Scientists and
  scientific community and the public can also                                                              limited market value, but which may have
                                                        policy-makers have a joint responsibility to
  be viewed as ‘shareholders’ in innovation,                                                                huge social benefit.
                                                        ensure this participation occurs in a
  and its benefits should remain open to them
                                                        transparent manner to avoid public suspicion
  (in the form of welfare goods and                                                                       • The obligation on corporate innovation to
                                                        of undue influence.
  knowledge).                                                                                               maximise profit and return for shareholders
                                                      • Policy-makers should also ensure that there         can conflict with the creation of knowledge
                                                        are opportunities for the voices of the public      and achievement of welfare goals.
                                                        to be heard.
Who Owns Science? The Manchester Manifesto - needs discovery knowledge
4 The Manchester Manifesto

                                                                                                        Broader Issues
Effect on innovation                                Scientific progress                                 There are also broader issues resulting from the
                                                                                                        dominant model of innovation which should be
Current models can hinder innovation because:       • Restrictions on access to information at any
                                                                                                        given consideration.
                                                      stage of the innovative process obstruct the
• Certain licensing practices can have                flow of scientific information and thereby        • Improving systems of innovation may not be
  restrictive effects on innovation. These            impede scientific progress. Such restrictions       enough in itself to promote human welfare;
  include, for example, use of very narrow or         are also contrary to the needs of scientific        there is also the problem of insufficient
  exclusive licence terms.                            inquiry and are inimical to openness and            capacity, particularly in many developing
                                                      transparency.                                       countries, to access scientific information,
• The increasingly common incidence of
  requiring multiple licences for the use of a                                                            operate and navigate innovation systems,
                                                    • Information sharing among the scientific
  single technology or research tool                                                                      and achieve access to innovative products
                                                      community can be reduced or suffer from
  complicates access, making it more costly                                                               e.g. because of weak health infrastructure.
                                                      delays as a result of patent requirements
  and time-consuming.                                 (e.g. that information must not be in the         • The transition from basic science to product
                                                      public domain at time of filing).                   in the clinic or marketplace is not always
• Perceptions of accessibility problems can
  lead to enterprises deciding not to attempt                                                             linear and unidirectional. The relationship
                                                    • The complexity of the system creates
  to apply for licences.                                                                                  between ‘pure’ and ‘applied’ research,
                                                      uncertainty, for example over researchers’
                                                                                                          science, technology and innovation is a
                                                      ability to obtain necessary licences, which
• New business entry into innovative industries                                                           complex and multi-faceted one, with
                                                      can discourage investment in research and
  is very difficult due to the high transaction                                                           interactions between actors at all stages
                                                      development.
  costs involved in operating in an arena of                                                              influencing the process. The effects of
  multiple intellectual property rights, reducing   • These access restrictions have particularly         action/regulation in one area may have
  competition and allowing large companies            severe effects on public, not-for-profit, small     implications extending across other aspects,
  to dominate markets.                                and developing country enterprises, which           and each area may have unique issues and
                                                      cannot afford the expense of licences and/or        problems associated with its management.
• Navigation and implementation of the
                                                      the expertise required to navigate the patent
  patent system, negotiation, bargaining and                                                            • Within this process, actors can have multiple
                                                      system. This can obstruct, delay, or entirely
  litigation require costly expertise.                                                                    roles, creating potential conflicts of interest.
                                                      shut-down valuable lines of research and
                                                                                                          For example, a single individual may have
• The operation of the current system often           innovation.
                                                                                                          both scientific and commercial interests at
  prevents the holders of IP rights themselves                                                            stake; governments may face a conflict
                                                    Overall, the current patent system is self-
  from realising the full benefits of these                                                               between stimulating economic development
                                                    reinforcing, encouraging proliferation of
  rights, for example because of the costs                                                                through rewarding private investment in
                                                    patents and multiplying these problems.
  involved in asserting them.                                                                             research and optimising the public benefits
                                                                                                          of science.

                                                                                                        • In many cases, profit has become the
                                                                                                          primary reward for research and
                                                                                                          development – often to the point of other
                                                                                                          drivers of innovation dropping out of
                                                                                                          consideration. Greater consideration should
                                                                                                          be given to different drivers of science/
                                                                                                          incentives for innovation beyond profit.

                                                                                                        • It is not only the intellectual property system
                                                                                                          that restricts participation in innovation;
                                                                                                          there is also all too often a lack of strategies
                                                                                                          to encourage openness of communication,
                                                                                                          participation in research, and sharing of
                                                                                                          information and products that result from
                                                                                                          science and innovation.
Who Owns Science? The Manchester Manifesto - needs discovery knowledge
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Global Dynamics

The global context in which science and innovation now
operate and of which they are an integral part needs to be
given consideration, because it also affects their operation
and effectiveness.

While states have the sovereign right to adopt      Additional problems occur at the
their own rules, laws and procedures, they          international level:
need to operate within the bounds of a variety
of international rules and norms and with           • Diverse national regulation of innovation
awareness of international dynamics. For              creates complexity in compliance. This can
management of innovation, these include:              increase costs to innovators, pushing publicly   Alternative models
                                                      funded, not-for-profit and developing            need to be promoted

                                                                                                       “
• Permeable national boundaries creating high         country enterprises out of international
  mobility of knowledge, materials, and               markets.                                         and existing
  personnel, and meaning that the impacts of                                                           flexibilities fully
  national policies may be widely felt in other     • International regulation can have the effect
  states.                                             of privileging the interests of wealthy states   explored to ensure
                                                      over general human needs due to power            innovation can meet
• In areas which lack harmonised international        imbalances.
  regulation, innovative activities can migrate
                                                                                                       welfare goals.
  to territories in which regulatory regimes are    • International regulation currently remains
  weak or non-existent.                               state focused and often reinforces state
                                                      sovereign rights. It can therefore be of
• Frequent prioritisation of national interest        limited effect on transnational actors (e.g.
  and economic competitiveness by states in           corporations) and often promotes national

                                                                                                                          ”
  their international relations.                      interest above that of local communities.

• Wide disparities between rich and poor            • Bilateral agreements and ‘free trade areas’
  within and between states, in terms of              are being used to impose excessive and
  income, opportunities, health, education,           inappropriate standards on less developed
  and access to science, technology and the           countries.
  products of innovation.
                                                    The effect of the current international rules,
International regulation has advantages in its      which set minimum standards for intellectual
ability to harmonise national policies, providing   property protection, is that a single model of
clarity and reducing the costs of compliance. It    intellectual property protection dominates, and
must be recognised, however, that                   at the same time is operative in many national
international regulation also has disadvantages.    systems. This dominant model is intended to
Powerful states have greater influence in rule-     promote scientific and economic development,
setting and less to fear in regard to the           but can be radically flawed in this respect.
consequences of non-compliance.                     Alternative models need to be promoted and
Commitments to capacity-building for                existing flexibilities fully explored to ensure
developing states are inadequately fulfilled and    innovation can meet welfare goals.
enforcement is problematic.
Who Owns Science? The Manchester Manifesto - needs discovery knowledge
6 The Manchester Manifesto

Principles, Policy Considerations and Progress

We recognise that innovation has an essential role in economic development, but its use for the
pursuit of profit should not override, and ideally should not conflict with, achievement of
welfare goals and scientific progress. Scientific information, freely and openly communicated,
adds to the body of knowledge and understanding upon which the progress of humanity
depends. Information must remain available to science and this depends on open
communication and dissemination of information, including that used in innovation.

Management of innovation is one of the            Policy Considerations
routes through which public benefits of
science can be realised. This requires a          Alternative systems                                 • Affordability in use of the system and of the
range of appropriate policies and                                                                       end products
                                                  The current dominant model of intellectual
regulatory mechanisms developed in                property rights for innovation is not the only      • Maintenance of free flow of scientific
cooperation with scientists, innovators and       option available. There are existing alternatives     information
the public, combined with awareness of            and new models can be designed with
the implications of pursuing particular           differing cost distributions. Different systems     • Promotion of open communication
models of innovation management.                  may be appropriate in different areas;
                                                  consideration must be given to the factors that     • The provision of adequate incentives to
Advantages and disadvantages of these                                                                   stimulate scientific discovery and innovation
                                                  affect this, including the nature of the
models need to be carefully assessed in
                                                  knowledge, the method of discovery and the          • Ease and effectiveness of operation
regard to their cumulative impacts on the
                                                  environment in which knowledge generation
innovative process, achievement of welfare
                                                  takes place.                                        • Inclusion of operational rules appropriate to
goals and scientific progress. Current
                                                                                                        achieving desired objectives
systems for managing innovation may               For example, the current system can be
require adaptation and incorporation of           modified through increased use of mechanisms        • Awareness of global dynamics
greater flexibilities. In addition,               such as patent pools, voluntary or compulsory
consideration of alternative systems is           licensing, and differential pricing. A range of     Principles and Progress in the Global
needed.                                           alternative models is also possible: from those     context
                                                  which are related to the current rights system
                                                  such as remuneration-based patents, through         The objectives for innovation management
Principles                                        prize funds, to completely open-access models.      listed earlier also need to be achieved within
The regulation of frameworks of innovation                                                            the global context. Design and choice of
should promote the following objectives:                                                              innovation model may also, therefore, need to
                                                  Assessing models of innovation
                                                                                                      take into account the issues raised in the
• Provision of public benefit                     Any model of innovation is likely to have           discussion of Global Dynamics (page 6).
                                                  advantages and disadvantages. Consideration
• Just recognition of interests                   should be given to which is the most
                                                  appropriate for particular circumstances,
• Facilitating progress of science and
                                                  bearing in mind the principles above and the
  innovation
                                                  goals of science and innovation.
• Increasing access to fruits of research –
                                                  In evaluating the various possible models, the
  information and products
                                                  following factors should be taken into
• Addressing welfare and resource inequities      consideration:
  both locally and globally
                                                  • The extent to which it advances welfare and
• Increasing trust in the relationships between     promotes human flourishing
  scientists, innovators, corporations and
                                                  • Fair and equitable distribution of benefits
  public, and between nations
                                                    and burdens, with particular attention to
At times these objectives may conflict and          resource providers (including the scientific
attention must be given to the most                 community, the public, specific contributors
appropriate way of balancing them in each           of knowledge/biomaterials, and other
situation.                                          contributors)

                                                  • Facilitation of safe and sustainable access to
                                                    the end product
www.manchester.ac.uk/isei 7

We have considered the question of “Who                  We call for further research towards achieving            “public” and “private” science, in both the
Owns Science” in the context of what we                  more equitable innovation and enabling greater            practical and the normative sense.
believe to be the purposes of science and                fulfilment of the goals of science as we see them.
                                                                                                                   Members of the Manchester Manifesto
innovation and evaluated the way in which
                                                         Modified and alternative models of innovation             Group have been actively pursuing
ownership of science currently operates
                                                         have the potential to address problems inherent           research initiatives in these important
with respect to these purposes. It is clear
                                                         in the current system. An investigation and               areas; and the Group remains the base for
that the dominant existing model of
                                                         evaluation of these models is required in order           practical discussion and ongoing
innovation, while serving some necessary
                                                         to determine whether they are likely to be more           investigations. We hope that the
purposes for the current operation of
                                                         successful in facilitating the goals of science and       Manchester Manifesto will serve as a
innovation, also impedes achievement of
                                                         innovation identified above, and if so how they           starting point for discussion, reflection and
core scientific goals in a number of ways.
                                                         may be deployed. Greater cooperation                      further research on these issues amongst
In many cases it restricts access to scientific
                                                         between all actors is required; alongside                 all those concerned and involved with
knowledge and products, thereby limiting
                                                         development of theory, there is a clear need for          science and innovation.
the public benefits of science; it can restrict
                                                         practical engagement with actors at all stages
the flow of information, thereby inhibiting
                                                         of the innovation process.
the progress of science; and it may hinder
innovation through the costly and                        The scope of this document is largely concerned
complicated nature of the system. Limited                with science that is in the public interest. More
improvements may be achieved through                     thought must be given to how we characterise
modification of the current IP system, but               what sort of science is in the public interest,
consideration of alternative models is                   and how we draw the boundaries between
urgently required.

Signatories                                                                                                                     Assessment (IATS) - CNPq/Brazil
Tony Addison, Professor of                 Sarah Cunningham-Burley, Professor         John Harris, Professor of Bioethics
Development Studies, Brooks World          of Medical and Family Sociology,           and Director of the Institute for         Muireann Quigley, Lecturer in
Poverty Institute and Chronic Poverty      Community Health Sciences and Co-          Science, Ethics and Innovation, The       Bioethics, The University of
Research Centre, The University of         Director for the Centre for Research on    University of Manchester                  Manchester
Manchester                                 Families and Relationships, University
                                                                                      Tim Hubbard, Head of Informatics          Catherine Rhodes, Research Fellow in
                                           of Edinburgh
Amel Alghrani, Research Associate,                                                    and Human Genome Analysis,                Ethics of Science, The University of
The University of Manchester               Jonathan Currie, Universities Allied       Wellcome Trust Sanger Institute,          Manchester
                                           for Essential Medicines UK                 Cambridge
Richard Ashcroft, Professor of                                                                                                  Doris Schroeder, Professor of Moral
Bioethics, Queen Mary University           David Dickson, Director of SciDev.Net      David Hulme, Professor of                 Philosophy and Director of CEP,
of London                                  (the Science and Development               Development Studies and Director of       University of Central Lancashire and
                                           Network)                                   the Chronic Poverty Research Centre,      Professorial Fellow CAPPE, University
Hazel Biggs, Professor of Medical Law
                                           Dian Donnai, Medical Genetics              The University of Manchester              of Melbourne
and Ethics, University of Southampton
                                           Research Group and Department of           Annabelle Lever, Research Fellow,
Giovanni Boniolo, Professor of                                                                                                  Catherine Spanswick, Institute
                                           Genetic Medicine, University of            The University of Manchester
Philosophy and Medical Humanities, The                                                                                          Administrator and MA student,
                                           Manchester and Central Manchester
University of Milano; Prime Investigator                                              S. Matthew Liao, Deputy Director          Institute for Science, Ethics and
                                           University Hospitals NHS Foundation
in Philosophy of the Life Sciences and                                                and Senior Research Fellow, Faculty of    Innovation, The University of
                                           Trust
Bioethics, IFOM Firc Institute of                                                     Philosophy, University of Oxford          Manchester
Molecular Oncology (Milano)                Indranil Dutta, Brooks World Poverty
                                                                                      Mori Mansouri, National Coordinator       Joseph Stiglitz, Chair, Brooks World
                                           Institute and School of Social Sciences,
David Booton, Lecturer in Law, The                                                    for Universities Allied for Essential     Poverty Institute, The University of
                                           University of Manchester
University of Manchester                                                              Medicines UK                              Manchester and Co-President,
                                           Marleen Eijkholt, Associate Lecturer                                                 Initiative for Policy Dialogue, Columbia
Iain Brassington, Lecturer in              in the School of Law, The University of    John McCarthy, Director of
                                                                                                                                University
Bioethics, The University of               Manchester                                 Manchester Interdisciplinary Biocentre,
Manchester                                                                            The University of Manchester              John Sulston, Chair, Institute for
                                           Max Elstein, Emeritus Professor at the                                               Science, Ethics and Innovation,
Margot Brazier, Professor of Law,          Institute of Medicine, Law and             Sheelagh McGuinness, Lecturer,
                                                                                                                                The University of Manchester
The University of Manchester               Bioethics, The University of               Centre for Professional Ethics, Keele
                                           Manchester                                 University                                Giuseppe Testa, Research Associate,
Hugh Cameron, Senior Lecturer at                                                                                                Institute of Molecular Oncology–
the Manchester Business School, The        Adrian Ely, Research Fellow,               Anne Mills, Professor of Health
                                                                                                                                European Institute of Oncology,
University of Manchester                   University of Sussex                       Economics and Policy, London School
                                                                                                                                Milan, Italy
                                                                                      of Hygiene & Tropical Medicine,
Marco Cappato, Director,                   Charles Erin, Senior Lecturer, The                                                   Alistair Ulph, Vice-President and
                                                                                      University of London
Associazione Luca Coscioni                 University of Manchester                                                             Dean of the Faculty of Humanities, The
                                                                                      Alan North, Vice-President and Dean
Sarah Chan, Research Fellow, The           Anne-Maree Farrell , Lecturer in Law,                                                University of Manchester
                                                                                      of the Faculty of Medical and Human
University of Manchester                   The University of Manchester                                                         Hugh Whittall, Director of the
                                                                                      Sciences, The University of Manchester
John Coggon, British Academy               Simona Giordano, Senior Lecturer in                                                  Nuffield Council on Bioethics, London
                                                                                      Aurora Plomer, Professor of Law and
Postdoctoral Fellow, The University of     Bioethics, The University of Manchester                                              Ruth Wilkinson, Lecturer, University
                                                                                      Bioethics and Director of SIBLE,
Manchester                                                                                                                      of Sussex
                                           Jonathan Green, Professor of Child         University of Sheffield
Gilberto Corbellini, Coordinator,          and Adolescent Psychiatry, University      Paulo Picon, Professor of Medicine,       Michael Woolcock, Professor of
World Congress for Freedom of              of Manchester and the Manchester           Federal University of Rio Grande do       Social Science and Development Policy,
Scientific Research                        Biomedical Research Centre                 Sul, RS, Brazil. Member of The            and Associate Director of the Brooks
Derek Crowther, Emeritus Professor,        Søren Holm, Professor of Bioethics,        National Institute of Science and         World Poverty Institute,
The University of Manchester               The University of Manchester               Technology for Health Technology          The University of Manchester
For more information, contact
Institute for Science, Ethics and Innovation
The University of Manchester
Williamson Building (2.11)
Oxford Road
Manchester
M13 9PL UK

tel : +44 (0)161 275 7074
isei@manchester.ac.uk
www.manchester.ac.uk/isei
Royal Charter Number RC000797
J2645 02.10
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