Introduction:
The pharmaceutical industry in India holds immense importance and offers significant potential for entrepreneurs looking to venture into the field. With a robust market, favorable government policies, and a growing demand for healthcare products, starting a pharma business in India can be a lucrative opportunity. This article aims to provide a comprehensive understanding of the licensing and registration requirements necessary to establish a pharmaceutical business in India. By reading this article, readers can expect to learn about the regulatory framework governing the industry, the types of licenses and registrations required the eligibility criteria, the application process, post-licensing obligations, and key considerations for entrepreneurs. Whether you are an aspiring pharmaceutical business owner or seeking insights into the regulatory landscape, this article will equip you with the essential knowledge to navigate the licensing and registration requirements for starting a pharma business in India.
Regulatory Framework:
The pharmaceutical sector in India is governed by several regulatory bodies that ensure the safety, quality, and efficacy of drugs. The key regulatory bodies in India include the Central Drugs Standard Control Organization (CDSCO) and State Drug Control Departments.
1. Central Drugs Standard Control Organization (CDSCO):
The CDSCO is the central regulatory authority responsible for regulating the import, manufacture, distribution, and sale of drugs in India. It operates under the Ministry of Health and Family Welfare. CDSCO plays a crucial role in granting licenses, approvals, and registrations for pharmaceutical businesses. It also formulates and enforces guidelines and standards for drug manufacturing, clinical trials, and drug testing.
2. State Drug Control Departments:
Each state in India has its own Drug Control Department that operates under the respective State Health Department. These departments are responsible for implementing and enforcing drug regulations at the state level. They play a vital role in granting licenses and monitoring pharmaceutical activities within their jurisdiction.
a) Adhering to regulatory guidelines is of utmost importance for licensing and registration in the pharmaceutical sector for several reasons:
· Patient Safety: Regulatory guidelines ensure that drugs meet certain quality standards and are safe for consumption. Adhering to these guidelines helps protect public health and ensures that pharmaceutical products are safe and effective.
· Quality Assurance: Compliance with regulatory guidelines ensures that the manufacturing, packaging, and distribution processes of pharmaceutical products adhere to specified quality standards. This helps maintain the integrity and reliability of the products.
· Legal Compliance: Non-compliance with regulatory guidelines can lead to legal consequences, including fines, penalties, and even imprisonment. Adhering to the regulations ensures that businesses operate within the legal framework and avoid any legal complications.
b) The legal framework governing the pharmaceutical sector in India comprises various acts, rules, and regulations. Some of the key legislation includes:
· Drugs and Cosmetics Act, 1940: This act provides the legal framework for regulating drugs, cosmetics, and medical devices in India. It covers aspects such as drug manufacturing, import, sale, and distribution.
· Drugs and Cosmetics Rules, 1945: These rules supplement the Drugs and Cosmetics Act, 1940, and provide detailed guidelines for the implementation of the act. They specify requirements for licensing, labeling, packaging, and other aspects related to drug regulation.
· Schedule M: Schedule M of the Drugs and Cosmetics Rules, 1945, outlines the requirements for Good Manufacturing Practices (GMP) in pharmaceutical manufacturing units. Compliance with Schedule M is essential for obtaining a manufacturing license.
· The Patents Act, 1970: This act governs the patenting of pharmaceutical inventions in India. It outlines the procedures and regulations for obtaining and protecting patents in the pharmaceutical sector.
· The Intellectual Property Rights (IPR) regime: India is a signatory to various international agreements related to intellectual property rights, including the World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. These agreements provide guidelines and protection for intellectual property rights in the pharmaceutical sector.
Understanding the regulatory framework, acts, rules, and regulations is vital for pharmaceutical businesses to ensure compliance and successfully navigate the licensing and registration process in India.
Types of Licenses and Registrations to Start a Pharma Business in India:
1. Manufacturing License:
A manufacturing license is required for setting up and operating a pharmaceutical manufacturing unit in India. It is issued by the State Drug Control Department or the CDSCO, depending on the nature and scale of operations. The manufacturing license ensures that the pharmaceutical products are produced under compliant conditions and adhere to quality standards.
2. Wholesale License:
A wholesale license is necessary for businesses engaged in the wholesale distribution of pharmaceutical products. It authorizes the holder to procure drugs directly from manufacturers and sell them to licensed retailers, hospitals, and other authorized entities. Wholesale licenses are granted by the State Drug Control Department.
3. Retail License:
A retail license is essential for pharmacies and retail outlets selling pharmaceutical products directly to consumers. It allows the business to dispense prescription drugs and over-the-counter medicines. Retail licenses are obtained from the State Drug Control Department.
4. Import and Export Licenses:
Import and export licenses are required for businesses engaged in the importation and exportation of pharmaceutical products. These licenses ensure compliance with customs regulations, quality control, and product safety during international trade operations. Import and export licenses are granted by the CDSCO.
5. Drug Marketing Authorization:
Drug marketing authorization, also known as product registration, is mandatory for the marketing and sale of pharmaceutical products in India. It involves submitting detailed documentation, including product information, clinical data, and evidence of safety and efficacy, to the CDSCO. Marketing authorization ensures that the drugs meet the required standards and are safe for use.
The purpose and scope of each license/registration are as follows:
· Manufacturing License: The manufacturing license enables businesses to establish and operate pharmaceutical manufacturing units, ensuring compliance with quality standards and GMP guidelines.
· Wholesale License: The wholesale license allows businesses to engage in the wholesale distribution of pharmaceutical products, ensuring a regulated supply chain and adherence to quality standards.
· Retail License: The retail license authorizes pharmacies and retail outlets to sell pharmaceutical products directly to consumers, ensuring the safe dispensing of prescription drugs and over-the-counter medicines.
· Import and Export Licenses: Import and export licenses facilitate the importation and exportation of pharmaceutical products, ensuring compliance with customs regulations, quality control, and safety standards during international trade operations.
· Drug Marketing Authorization: Drug marketing authorization grants permission for the marketing and sale of pharmaceutical products in India, ensuring compliance with regulatory guidelines, safety, and efficacy standards.
Obtaining the relevant licenses and registrations is crucial to comply with the legal framework, maintain quality standards, and operate a pharmaceutical business lawfully in India. It is important to note that specific requirements and procedures may vary depending on the state and nature of the business.
Eligibility Criteria for Obtaining Different Licenses/Registrations:
1. Manufacturing License:
· Qualifications: The applicant should possess a degree in Pharmacy or Pharmaceutical Sciences from a recognized university.
· Infrastructure Requirements: The manufacturing unit must comply with the infrastructure requirements outlined in Schedule M of the Drugs and Cosmetics Rules, 1945. This includes premises specifications such as adequate space, layout, equipment, utilities, and storage facilities.
· Technical Personnel Qualifications: The manufacturing unit should have a qualified technical staff, including a registered pharmacist and competent personnel with relevant experience in pharmaceutical manufacturing.
2. Wholesale License:
· Qualifications: The applicant should have a degree in Pharmacy or Pharmaceutical Sciences from a recognized university or possess qualifications specified by the State Drug Control Department.
· Infrastructure Requirements: The wholesale establishment should have appropriate storage facilities to maintain the quality and integrity of pharmaceutical products. This includes suitable premises, temperature control, and adequate storage capacity.
· Technical Personnel Qualifications: The wholesale establishment should have a registered pharmacist or a competent person with relevant experience overseeing the wholesale operations.
3. Retail License:
· Qualifications: The applicant should have a degree in Pharmacy or Pharmaceutical Sciences from a recognized university or possess qualifications specified by the State Drug Control Department.
· Infrastructure Requirements: The retail outlet should meet specific premises specifications, including adequate space, proper storage conditions, and facilities for dispensing prescription drugs.
· Technical Personnel Qualifications: The retail outlet should have a registered pharmacist or a competent person with relevant experience managing the retail operations and dispensing medicines.
4. Import and Export Licenses:
· Qualifications: No specific educational qualifications are mandated for import and export licenses. However, the applicant should be a registered entity, such as a company, involved in the importation or exportation of pharmaceutical products.
· Infrastructure Requirements: The applicant should demonstrate appropriate facilities for storage, handling, and transportation of pharmaceutical products, ensuring compliance with customs regulations and quality control measures.
5. Drug Marketing Authorization:
· Qualifications: No specific educational qualifications are required for drug marketing authorization. Any registered pharmaceutical business entity can apply for marketing authorization for their products.
· Documentation and Data: The applicant needs to submit comprehensive data and documentation related to the product, including information on its safety, efficacy, quality, manufacturing processes, and labeling. This data should comply with the requirements specified by the CDSCO.
It is important to note that the eligibility criteria and specific requirements may vary depending on the state and the nature of the pharmaceutical business. Applicants are advised to refer to the relevant regulations and guidelines provided by the State Drug Control Department and the CDSCO for detailed and updated information.
Application Process for Licenses/Registrations:
1. Identify the Regulatory Authority:
Determine the appropriate regulatory authority responsible for granting the specific license/registration based on the nature of your pharmaceutical business. It can be the State Drug Control Department or the CDSCO.
2. Obtain Application Forms:
Obtain the prescribed application forms from the respective regulatory authority or their official website. Ensure that you have the most up-to-date version of the application form.
3. Gather Required Documentation:
Collect all the necessary documentation as per the requirements specified by the regulatory authority. The exact documentation may vary depending on the license/registration you are applying for. Commonly required documents include:
· Application form (properly filled and signed)
· Proof of educational qualifications (degrees, certificates, etc.)
· Proof of infrastructure compliance (layout plans, photographs, etc.)
· Technical personnel qualifications (resumes, certificates, etc.)
· Undertaking for compliance with rules and regulations
· Fee payment proof
Any other supporting documents as specified by the regulatory authority
4. Prepare Application Package:
Assemble all the required documentation and forms in the prescribed manner. Ensure that all documents are properly organized, legible, and complete.
5. Pay Fees:
Pay the required application fees as specified by the regulatory authority. The fee structure may vary depending on the license/registration type and the regulatory body. Keep the payment receipt as proof of fee payment.
6. Submit the Application:
Submit the completed application package along with the required documents to the respective regulatory authority. Ensure that the application is submitted within the specified timeline.
7. Timelines and Procedures:
The timelines for processing the application can vary depending on the complexity of the license/registration and the workload of the regulatory authority. Generally, the regulatory authority will review the application, conduct inspections (if necessary), and evaluate the documentation provided. They may also verify the infrastructure compliance and qualifications of technical personnel.
The regulatory authority may communicate with the applicant for any clarifications or additional information required during the review process. Once the application is processed and deemed satisfactory, the regulatory authority will issue the license/registration.
8. Additional Permits or Clearances:
Depending on the nature of your pharmaceutical business, you may need to obtain additional permits or clearances. For example, you may require a Goods and Services Tax (GST) registration, which is mandatory for businesses engaged in the sale of goods in India. Ensure that you comply with all the applicable requirements and obtain the necessary permits or clearances.
Importance of Good Manufacturing Practices (GMP) in the Pharma Industry:
Adhering to Good Manufacturing Practices is of paramount importance in the pharmaceutical industry for several reasons:
1. Quality Assurance: GMP ensures that pharmaceutical products are consistently produced and controlled to meet the predetermined quality standards. It encompasses various aspects of manufacturing, including facilities, equipment, personnel, processes, and documentation, to ensure that the final products are safe, effective, and of high quality.
2. Patient Safety: GMP plays a crucial role in safeguarding patient health and safety. By adhering to GMP guidelines, pharmaceutical manufacturers minimize the risk of contamination, mix-ups, and errors that could adversely affect the quality and efficacy of drugs. GMP helps ensure that the drugs are safe for consumption and produce the desired therapeutic effect.
3. Regulatory Compliance: Compliance with GMP is a legal requirement in many countries, including India. Regulatory authorities, such as the CDSCO and State Drug Control Departments, enforce GMP guidelines to maintain quality standards and protect public health. Non-compliance with GMP can lead to regulatory penalties, license revocation, or legal consequences.
4. Reputation and Market Access: Following GMP enhances the reputation and credibility of pharmaceutical manufacturers. It demonstrates a commitment to quality, safety, and compliance. GMP certification also enables businesses to access domestic and international markets, as many countries require GMP compliance for import and export of pharmaceutical products.
a) Requirements and Guidelines for GMP Certification:
· GMP certification involves meeting specific requirements and following guidelines that ensure compliance with quality standards in pharmaceutical manufacturing. The key elements of GMP certification include:
· Premises and Facilities: The manufacturing unit must have suitable premises, including adequate space, proper ventilation, and separation of different manufacturing areas. Facilities should be designed to prevent contamination, facilitate cleaning, and maintain appropriate temperature and humidity control.
· Equipment and Machinery: The manufacturing unit should have well-maintained and calibrated equipment, suitable for the intended use. Regular equipment qualification, calibration, and maintenance procedures should be in place to ensure accuracy, reliability, and consistent performance.
· Personnel and Training: Qualified and trained personnel should be employed to perform manufacturing, testing, and quality control activities. Adequate training programs should be implemented to ensure that employees are competent in their assigned tasks and understand GMP requirements.
· Documentation and Record Keeping: Comprehensive documentation is essential to demonstrate adherence to GMP. This includes standard operating procedures (SOPs), batch records, testing records, equipment logs, and personnel training records. Documentation should be accurate, complete, and easily retrievable.
· Quality Control and Testing: GMP emphasizes robust quality control systems and testing procedures. Raw materials, intermediate products, and finished pharmaceutical products should undergo appropriate testing to ensure compliance with quality standards. Quality control laboratories should be well-equipped and staffed with competent personnel.
b) Role of Inspections and Audits by Regulatory Authorities:
· Regulatory authorities conduct inspections and audits to assess compliance with GMP requirements. These inspections aim to verify that the manufacturing processes, facilities, and quality control systems are in line with GMP guidelines. The key aspects of inspections and audits include:
· Inspection Frequency: Regulatory authorities conduct routine inspections at pharmaceutical manufacturing units to ensure ongoing compliance. The frequency of inspections may vary based on risk factors, compliance history, and the importance of the products manufactured.
· Assessing Compliance: Inspections involve a thorough review of manufacturing facilities, processes, documentation, and quality control systems. Regulatory authorities may also review training records, standard operating procedures, and batch records. Non-compliance with GMP can result in corrective actions, penalties, or license suspension.
· Continuous Improvement: Inspections provide an opportunity for regulatory authorities to provide guidance, recommendations, and feedback to manufacturers. This promotes continuous improvement in manufacturing practices, quality control and compliance with GMP.
· Follow-Up Inspections: In cases of non-compliance or critical observations, regulatory authorities may conduct follow-up inspections to verify corrective actions and ensure that the identified deficiencies have been addressed.
Significance of Intellectual Property Protection in the Pharmaceutical Sector:
Intellectual property protection plays a significant role in the pharmaceutical sector for the following reasons:
· Encourages Innovation: Intellectual property protection, such as patents, provides pharmaceutical companies with exclusive rights to their inventions and discoveries. This incentivizes innovation by allowing companies to recoup their research and development investments, fostering the development of new drugs and therapies.
· Market Exclusivity: Patents grant the holder a period of market exclusivity, during which competitors are prohibited from manufacturing or selling the patented drug. This exclusivity allows pharmaceutical companies to recover costs, make profits, and invest in further research, while providing access to innovative treatments for patients.
· Safeguards Investment: Developing a new pharmaceutical product involves substantial investment in research, clinical trials, and regulatory approval. Intellectual property protection provides a legal framework that safeguards these investments, allowing companies to have a reasonable period of market exclusivity to recoup their expenses and generate profits.
· Promotes Competition and Access to Generic Medicines: Intellectual property protection strikes a balance between rewarding innovation and promoting competition. After the expiration of a patent, generic pharmaceutical companies can enter the market with more affordable versions of the drug, increasing competition and improving access to medicines for patients.
Process of Obtaining Patents, Trademarks, and Copyrights for Pharmaceutical Products:
a) Patents:
· Novelty and Inventiveness: To obtain a patent, the pharmaceutical product must be novel, non-obvious, and have industrial applicability. It should involve a new and inventive step or offer a significant improvement over existing products or processes.
· Patent Application: The patent application includes a detailed description of the invention, claims defining the scope of protection, and supporting documents. It is filed with the respective patent office, such as the Indian Patent Office, along with the required fees.
· Examination and Grant: The patent application undergoes examination to assess its novelty and inventiveness. If the application meets the requirements, the patent is granted, providing the applicant with exclusive rights to the invention for a specified period.
b) Trademarks:
· Distinctiveness and Identification: Trademarks for pharmaceutical products should be distinctive, not descriptive, and capable of identifying the source of the product. They can include names, logos, symbols, or a combination thereof.
· Trademark Application: The trademark application is filed with the Trademarks Registry and includes the proposed mark, the class of goods (pharmaceuticals fall under Class 5), and the applicant's details. Fees are paid, and the application is examined for compliance and potential conflicts with existing marks.
· Examination and Registration: The application undergoes examination to verify distinctiveness and absence of conflicts. If approved, the trademark is registered, granting the owner exclusive rights to use the mark for pharmaceutical products in the specified class.
c) Copyrights:
· Originality and Expression: Copyright protects original works of authorship, such as literary, artistic, or scientific creations. In the pharmaceutical sector, copyrights may apply to written materials, package designs, marketing materials, and software programs.
· Copyright Protection: Copyright is automatic upon creation of the work, but registration provides additional benefits, including evidence of ownership. The owner can display the copyright symbol (©) along with the author's name and year of creation.
· Copyright Registration: Copyright registration involves submitting an application with the Copyright Office, along with the required fees and copies of the work. Once approved, the registration provides a legal record of ownership and facilitates enforcement of rights.
Ongoing Compliance Obligations after Obtaining Licenses/Registrations:
1. Quality Control:
· Quality Management Systems: Pharmaceutical businesses are required to establish and maintain robust quality management systems (QMS) to ensure the consistent quality of their products. This includes implementing standard operating procedures (SOPs), conducting regular quality control testing, and maintaining documentation of all quality-related activities.
· Good Manufacturing Practices (GMP): Adherence to GMP guidelines is essential for ongoing compliance. Manufacturers must maintain compliance with GMP requirements, including facility maintenance, equipment calibration, personnel training, and documentation practices.
· Batch Release: Pharmaceutical manufacturers are typically required to obtain batch release certification from authorized personnel or quality control units. This certification confirms that each batch of the manufactured product meets the required specifications and quality standards before it is released for distribution.
2. Reporting and Record-Keeping:
· Sales and Stock Records: Pharmaceutical businesses must maintain accurate records of their sales, stock movements, and distribution channels. These records should provide information on the quantity, batch numbers, expiry dates, and destinations of the products sold or supplied.
· Purchase and Procurement Records: Maintaining records of all purchases and procurements, including details of suppliers, batch numbers, and expiration dates, is crucial for traceability and quality control purposes.
· Adverse Event Reporting: Pharmaceutical companies are obligated to monitor and report adverse events associated with their products. Adverse event reporting involves promptly documenting and reporting any unexpected or harmful effects experienced by patients or users of the products to the relevant regulatory authorities.
3. Product Labeling and Packaging:
· Compliance with Labeling Requirements: Pharmaceutical products must adhere to specific labeling requirements as prescribed by regulatory authorities. This includes accurate and clear labeling of product names, ingredients, dosage instructions, precautions, and storage conditions. The labeling should comply with applicable standards and guidelines.
· Product Packaging and Tamper-Evident Features: Pharmaceutical products must be packaged in tamper-evident and child-resistant packaging as per regulatory requirements. The packaging should ensure product integrity, prevent contamination, and provide appropriate protection during storage and transportation.
4. Adherence to Post-Marketing Commitments:
· Post-Marketing Studies: In some cases, regulatory authorities may require pharmaceutical companies to conduct post-marketing studies to gather additional safety or efficacy data on their products. Companies must comply with these requirements and submit the study results to the regulatory authorities.
· Periodic Safety Update Reports (PSURs): Companies are often required to submit PSURs, which provide updated safety information on their products. These reports summarize data on adverse events, safety profiles, and risk-benefit evaluations.
Challenges and Roadblocks during the Licensing and Registration Process:
· Complex Regulatory Environment: The pharmaceutical licensing and registration process in India can be complex and time-consuming. Navigating through various regulatory bodies, understanding the requirements, and completing the documentation accurately can pose challenges for entrepreneurs.
· Capital Investment: Starting a pharmaceutical business requires significant capital investment. Entrepreneurs need to allocate funds for setting up infrastructure, acquiring equipment, conducting research and development, hiring skilled personnel, and meeting ongoing compliance costs. Raising adequate capital can be a challenge, particularly for new or small-scale entrepreneurs.
· Stringent Quality and Safety Standards: The pharmaceutical industry operates under strict quality and safety standards to ensure the efficacy and safety of medicines. Meeting these standards and establishing robust quality control systems can be demanding for entrepreneurs, especially those with limited resources or expertise.
· Intense Competition: The pharmaceutical sector in India is highly competitive, with both domestic and multinational companies vying for market share. Entrepreneurs entering the industry need to differentiate themselves by offering innovative products, focusing on niche markets, or leveraging unique value propositions to stand out amidst competition.
· Market Dynamics and Pricing Pressures: The pharmaceutical market in India is influenced by various factors such as government policies, healthcare regulations, pricing controls, and evolving market dynamics. Entrepreneurs must consider these factors while formulating their business strategies, pricing their products, and navigating market challenges.
· Intellectual Property Challenges: Intellectual property protection is crucial in the pharmaceutical sector, but it can also present challenges. Entrepreneurs need to ensure their products are not infringing on existing patents, trademarks, or copyrights. They may also face the risk of their own intellectual property being infringed upon, requiring proactive measures to protect their inventions, formulations, or brand identities.
· Regulatory Compliance: Ongoing compliance with regulatory requirements is a continuous challenge for pharmaceutical businesses. Ensuring adherence to GMP guidelines, maintaining accurate documentation, conducting regular audits, and meeting reporting obligations can be resource-intensive and require dedicated efforts.
Considerations for Entrepreneurs:
· Thorough Market Research: Conducting comprehensive market research is crucial to understand the demand, competition, and market dynamics. Identifying potential gaps, unmet needs, or emerging opportunities can help entrepreneurs position their products effectively and develop a unique value proposition.
· Strategic Partnerships: Collaborating with established manufacturers, distributors, or research institutions can provide entrepreneurs with access to resources, expertise, and market networks. Forming strategic partnerships can help overcome challenges and leverage synergies to accelerate business growth.
· Financial Planning: Careful financial planning is essential to ensure adequate capital for licensing, infrastructure setup, research and development, and ongoing operations. Entrepreneurs should explore financing options, seek investments or loans, and establish realistic financial projections to sustain the business during its early stages.
· Regulatory Expertise: Engaging regulatory experts or consultants who have experience in the pharmaceutical sector can help entrepreneurs navigate the complexities of the licensing and registration process. Their guidance can ensure compliance with regulatory requirements and save time and effort.
· Focus on Differentiation: Developing a unique value proposition through innovation, product differentiation, or specialized expertise can help entrepreneurs stand out in the competitive market. Identifying a niche market segment or therapeutic area and tailoring products or services to meet specific needs can give businesses a competitive edge.
· Continuous Learning and Adaptation: The pharmaceutical industry is constantly evolving. Entrepreneurs need to stay updated with changing regulations, market trends, and technological advancements. Embracing a culture of continuous learning, adaptability, and agility can help entrepreneurs proactively respond to challenges and seize emerging opportunities.
Conclusion:
In conclusion, this article has provided an overview of the licensing and registration requirements for starting a pharmaceutical business in India. We discussed the regulatory framework, types of licenses and registrations, eligibility criteria, application process, and post-licensing obligations. We also highlighted the significance of intellectual property protection and the challenges and considerations that entrepreneurs may face.
Compliance with licensing and registration requirements is of utmost importance in the pharmaceutical industry. Adhering to regulatory guidelines, such as GMP, ensures product quality, safety, and efficacy. Ongoing compliance obligations, including quality control, reporting, record-keeping, and adverse event reporting, are crucial for maintaining regulatory compliance and the trust of stakeholders.
Starting a pharmaceutical business in India offers significant potential, given the country's robust pharmaceutical industry and growing market. However, entrepreneurs need to navigate the complex regulatory landscape, address capital investment challenges, and consider market dynamics and competition.
If you are interested in starting a pharma business in India, it is essential to thoroughly research the regulatory requirements, seek expert guidance, and develop a comprehensive business plan. By focusing on compliance, differentiation, strategic partnerships, and continuous learning, you can position your business for success in this dynamic industry.
Remember, starting a pharmaceutical business requires dedication, perseverance, and a commitment to quality and regulatory compliance. With the right approach and a passion for innovation, you can contribute to the healthcare landscape and make a positive impact on patients' lives.
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