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COVID-19 Update: Status of Global Patent, Trademark, and Copyright Offices

[Updated – April 24, 2020] As local and national governments take measures to combat the spread of COVID-19, patent, trademark, and copyright owners are facing potential difficulties with meeting prosecution and dispute deadlines.


The closure of offices, retail locations, and limited access to information creates obstacles with the prosecution, maintenance, and enforcement of patents, trademarks and copyrights. Moreover, the closure of administrative authorities has, in some cases, prevented the legalization of documents. To address these obstacles, some patent, trademark and copyright offices have extended deadlines or offered relief when requested.

We have updated our March 20, 2020 alert to include the status of deadlines and extensions for patents, trademarks and copyrights and have included additional jurisdictions. We will continue to update this chart, as appropriate.

North America

Canada

All deadlines falling between March 16, 2020-April 30, 2020 have been extended to May 1, 2020. For deadlines falling after May 1, 2020, extensions of time necessitated by the disruption caused by COVID-19 are available upon request. 

https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00050.html

Cuba

All deadlines falling after April 14, 2020 have been suspended until further notice.

http://www.ocpi.cu/node/2231

Mexico
(Updated)

All patent and trademark deadlines falling between March 24, 2020-April 30, 2020 have been extended to May 1, 2020. All copyright terms, hearings, and settlement meetings falling between March 26, 2020-April 30, 2020 have been suspended and interrupted until May 1, 2020. Applications for registration of works and contracts, availability searches for reservation of rights, and assignments of ISBN and ISSN are still able to be filed.

https://www.gob.mx/impi/

https://www.indautor.gob.mx/

United States - Patent/Trademark

On March 27, 2020, the President signed the “Coronavirus Aid, Relief and Economic Security Act” (CARES Act) that provides temporary authority to the USPTO Director to “toll, waive, adjust, or modify, any timing deadline” under the relevant U.S. patent and trademark statutes. The authority for these actions ends 60 days following the stated end of the emergency.

Accordingly, the USPTO has announced that in patent and trademark proceedings, an applicant will be granted a 30 day extension for certain filing or payment deadlines falling between March 27, 2020-April 30, 2020, if the filing or payment is accompanied with a statement that the “delay in filing or making such payment is due to the COVID-19 outbreak.” Circumstances that may constitute delay due to the COVID-19 outbreak include if any person associated with the filing or fee due was “personally affected” such as by “office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or family illness,” or other circumstances in which COVID-19 materially interfered with timely filing or payment.   

Extendible patent deadlines include:

  • replies to pre-examination notices for small/micro entities, and replies to Office Actions;
  • issue fee payments;
  • notices of appeal, appeal briefs, reply briefs, and appeal forwarding fees;
  • requests for oral hearings before the PTAB;
  • responses to a substitute examiner’s answer;
  • in response to a PTAB decision including a new ground of rejection, amendments when reopening prosecution or requests for rehearing;
  • maintenance fees for small/micro entities;
  • requests for rehearing of a PTAB decision under 37 CFR §§ 41.52, 41.125(c), 41.127(d), or 42.71(d);
  • petitions to the Chief Judge of the PTAB under 37 CFR § 41.3; and
  • patent owner preliminary responses in trial proceedings in inter partes review or post-grant review proceedings.

Extendible trademark deadlines include:

  • responses to Office Actions, including notices of appeal;
  • statements of use and requests for extensions of time to file same;
  • notices of opposition and requests for extensions of time to file same;
  • priority filing basis under 15 U.S.C. § 1126(d)(1) and 37 CFR § 2.34(a)(4)(i);
  • priority filing basis under 15 U.S.C. § 1141g and 37 CFR § 7.27(c);
  • transformation of an extension of protection to the United States into a U.S. application;
  • affidavits of use or excusable nonuse under 15 U.S.C. § 1058(a) and 37 CFR § 2.160(a);
  • renewal applications; and
  • affidavits of use or excusable nonuse under 15 U.S.C. § 1141k(a) and 37 CFR § 7.36(b).

Please note that the above extensions only apply to deadlines falling between March 27, 2020-April 30, 2020. Any extension of time period fees that would have been due for filings if made prior to March 27, 2020 are not waived or extended. The USPTO has published patent and trademark FAQs providing further details regarding the above extension policies.

The above available extensions are in addition to previous guidance that in-person interviews, PTAB/TTAB oral hearings, and other in-person meetings are now to be conducted by telephone or video conference. Further, the following requirements have been waived for cases impacted by the COVID-19 outbreak:

  • Petition fees to revive an abandoned application or reinstate a canceled/expired registration; and
  • 37 CFR § 1.4(e)(1) and (2) requiring an original handwritten signature in matters before the Office of Enrollment and Discipline and certain payments by credit card.

https://www.uspto.gov/sites/default/files/documents/coronavirus_relief_ognotice_03162020.pdf

United States - Copyright

The CARES Act gives the U.S. Register of Copyrights the authority to “toll, waive, adjust, or modify any timing provision” upon finding that the national emergency “will generally disrupt or suspend the ordinary functioning of the copyright system.” The Copyright Office has since announced that with respect to the three month period that runs from the work’s first publication date for filing applications in order to preserve statutory damages, any such windows that have opened as of March 13, 2020:

  • for applications that can be submitted entirely electronically, the timing provisions are unchanged;
  • for applications in which the applicant is unable to submit a physical deposit, the applicant should upload, with the application, a declaration certifying that the deposit could not be submitted but for the national emergency and set forth satisfactory evidence in support; and
  • for applicants who are unable to submit an application electronically or physically due to the national emergency, the three-month window will be tolled until the emergency has been lifted if the applicant thereafter submits its application with a declaration certifying that the application could not be submitted but for the national emergency and set forth satisfactory evidence in support.

Additionally, the Copyright Office has announced that deadlines falling after March 13, 2020 for the time to serve or record notices of termination will be extended for the period of the emergency if effected within 30 days after the emergency ends and if submitted to the Copyright Office with a declaration that delay was caused by the emergency and satisfactory evidence in support thereof.

The above emergency modifications will remain in effect until May 12, 2020, unless extended or terminated early by Acting Register announcement.

https://www.copyright.gov/coronavirus/

South America

Argentina

All deadlines falling between March 12, 2020-April 26, 2020 have been extended to April 27, 2020.

https://www.boletinoficial.gob.ar/detalleAviso/primera/227720/20200413

Brazil

All deadlines have been suspended and the days falling between March 16, 2020-April 30, 2020  will not be counted against any running deadlines. Any terms that begin during this period will only start to run as of May 1, 2020. The use of this term suspension is optional and applicants may still use online services to meet deadlines.

http://www.inpi.gov.br/noticias/inpi-prorroga-suspensao-de-prazos-ate-30-de-abril/view   

Colombia
(Updated)

As of April 24, 2020, the Colombian Trademark Office is fully operational online and all deadlines after that date are not being extended.

Chile
(Updated)

All deadlines falling between March 17, 2020-April 30, 2020 have been extended from April 30 for a period equivalent to half of the original term of the deadline. All hearings scheduled on or after April 2, 2020 for contentious proceedings before the INAPI are suspended until further notice.

https://files.lbr.cloud/public/2020-04/COVID-19%20INAPI%20Measures%20English%2020200422.pdf?HpTacWk66vPVoOieYkCMm8A1v3VlreH7= 

Ecuador
(Updated)

All deadlines falling between March 16, 2020-April 26, 2020 have been extended to April 27, 2020.

https://www.derechosintelectuales.gob.ec/;

https://www.derechosintelectuales.gob.ec/comunicados-oficiales/

Paraguay
(Updated)

All procedural deadlines falling between March 11, 2020-April 26, 2020 have been extended to April 27, 2020

https://www.dinapi.gov.py/portal/v2/

Peru
(Updated)

All deadlines applicable to applications, claims, complaints, obligations and other judicial activities have been extended through May 10, 2020.

https://larepublica.pe/politica/2020/04/23/martin-vizcarra-en-vivo-hoy-mensaje-a-la-nacion-presidencial-23-de-abril-2020-coronavirus-en-peru-minuto-a-minuto-conferencia-de-prensa-del-presidente-youtube-facebook-estado-de-emergencia/

Europe

Austria
(Updated)

ll deadlines that have not expired as of March 16, 2020 have been extended to May 1, 2020. All appeals deadlines that have not expired as of March 22, 2020 have been extended to May 1, 2020. Annuity or renewal fee deadlines are not extended.

https://www.patentamt.at/en/all-news/news-detail/artikel/wichtige-information-fuer-unsere-kun/

Benelux - Belgium, Netherlands, and Luxembourg

Public emergency restrictions are in effect at least until April 28, 2020. Any requests or procedures having deadlines falling on or after March 16, 2020 will not be withdrawn, if the deadlines are missed, as long as the public emergency restrictions remain in effect. Once the restrictions are lifted, any requests or proceedings whose time limits have lapsed in the interim (or whose time period for response is less than a month from the date the restrictions were lifted) will have one month for a response. These extensions also apply to opposition proceedings and payment deadlines.

https://www.boip.int/system/files/document/2020-03/Regel%20DG%20Covid-20032020%20EN.pdf

https://www.boip.int/en/entrepreneurs/news/boip-takes-measures-to-combat-coronavirus

Estonia

Deadlines have not been extended, however, extensions for any office-set deadlines are available upon application. Requests for relief will be handled on a case-by-case basis and proceedings may be suspended for up to 24 months in emergency situations.

https://www.epa.ee/et/uudised/info-toostusomandi-esemetega-seotud-menetluslike-toimingute-kohta-eriolukorra-tingimustes

EUIPO -Trademark/Design

All deadlines in EUIPO proceedings falling between March 9, 2020-April 30, 2020 have been extended to May 1, 2020.

https://euipo.europa.eu/ohimportal/en/news/-/action/view/5644698

EPO - Patent

All “routine” deadlines falling between March 15, 2020-May 3, 2020 are extended to May 4, 2020. Oral proceedings that are summoned on or after April 2, 2020 will be held by videoconference.

https://www.epo.org/news-issues/covid-19.html

Germany

All deadlines set by the German Patent and Trademark Office are automatically extended to May 4, 2020. The extension does not apply to deadlines set by law such as priority or opposition deadlines.

https://www.dpma.de/english/our_office/publications/news/corona/index.html

Finland
(Newly Added)

All patent, utility, trademark, and design application deadlines are not extended, however, extensions are available by written request and the COVID-19 situation will be taken into account when deciding to grant extensions. Deadlines set down by law, such as annual fee deadlines, priority year or validation of EP patents deadlines, and final deadlines for renewals and oppositions cannot be extended.

https://www.prh.fi/en/presentation_and_duties/corona.html#deadlinesfortrademarksanddesigns

France

All patent, trademark, and design deadlines, except trademark opposition deadlines, are extended to July 16, 2020.

https://www.inpi.fr/fr/nationales/covid-19-delais-accordes-procedures-examen

Ireland

All deadlines falling between March 13, 2020-May 5, 2020 are extended to May 6, 2020

https://www.ipoi.gov.ie/en/news-events/news-categories-/announcements/office-closure-extended-to-5th-may-2020.html

Italy
 

All patent, trademark, and design deadlines falling between February 23, 2020-May 15, 2020 have been extended to May 18, 2020, except for mandatory deadlines in opposition proceedings and appeals. Any certificates and IP titles expiring between January 31, 2020-May 15, 2020 will remain valid until June 15, 2020.

https://uibm.mise.gov.it/index.php/it/198-notizie-stampa/2036407-covid-19-prorogata-al-15-maggio-la-sospensione-dei-termini-per-i-procedimenti-amministrativi

Moldova
(Newly Added)

All patent and intellectual property object registration deadlines and public meetings falling between March 17, 2020-May 15, 2020 are suspended and will be extended from May 15 for the number of days remaining until the deadline as of March 17.

Norway

Deadlines have not been extended, though two-month extensions of time for non-statutory deadlines are available if requested before the deadline expires.

https://www.patentstyret.no/en/about-us/news/2020/corona-virus--information-from-nipo/

Portugal

All deadlines falling on or after March 12, 2020 are suspended until further notice. Signatures are not needed for online services and face-to-face services are unavailable.

https://justica.gov.pt/COVID-19-Medidas-adotadas-na-Justica#DireitosdePropriedadeIndustrialINPI

Russia Patent Office and Eurasian Patent Office
(Updated)

All patent deadlines falling between March 28, 2020-May 5, 2020 are extended to May 6, 2020.

https://www.eapo.org/ru/info/covid2019.html
Spain

All deadlines are suspended until Spain’s national state of emergency is over.

OEPM.ES

Switzerland (Updated)

All deadlines falling between March 21, 2020-April 19, 2020 were extended to April 20, 2020, and this date has not been extended as of this update. If a deadline is missed, applicants may request further processing or re-establishment of rights for most missed deadlines within two months of the expiration of the deadline and pay any associated fees. Requests for reinstatement of rights in trademark and design applications must be submitted within 30 days of the expiration of the deadline. The Swiss Institute of Intellectual Property is also offering assisted patent searches and patent landscape analyses online free of charge from April 1, 2020-May 31, 2020.

https://www.ige.ch/en/services/newsroom/coronavirus-news.html

https://www.ige.ch/en/services/newsroom/news/news-details/news/3697-bleiben-sie-innovativ-nutzen-sie-das-digitale-angebot-des-ige.html  

Turkey

All deadlines falling between March 13,2020-March 27,2020 have been extended until May 15, 2020. All deadlines falling between March 28, 2020-April 30, 2020 are extended to a date beyond May 1, 2020 equal to the remaining deadline time as of March 13, 2020 (e.g., a deadline falling on March 28, 2020 had 15 days remaining and is thus extended to May 16, 2020). All deadlines that fall after May 1, 2020, which were instituted prior to March 13, 2020, will have 49 days added to their deadlines.

Right holders and attorneys will be entitled to perform retrospective legal transactions that have not been carried out between March 13, 2020-April 30, 2020.

https://www.turkpatent.gov.tr/TURKPATENT/allAnouncement/anouncementDetail?newsId=1240

United Kingdom
(Updated)

All deadlines for patents, supplementary protection certificates, trademarks, and designs falling on or after March 24, 2020 have been extended until at least May 7, 2020, at which time the UKIPO will announce whether suspension of deadlines will continue or not.

All physical hearings are canceled until June 1, 2020.

https://www.gov.uk/government/news/coronavirus-important-update-on-ipo-services

Asia and Oceania

Australia

Deadlines have not been extended, though requests for extensions of time or requests for waivers/refunds of extension fees will be considered when accompanied by a declaration that the COVID-19 outbreak interfered with responding on time.

https://www.ipaustralia.gov.au/about-us/news-and-community/news/business-continuity-and-coronavirus-disease-covid-19-outbreak

Cambodia

Deadlines have not been extended.

China

Deadlines have not been extended, but CNIPA will consider suspending/extending specific deadlines if a party provides evidence that the deadline was/will be missed as a result of the COVID-19 outbreak. If a missed deadline causes a party to lose rights as a result of the COVID-19 epidemic, the party may request a restoration of rights within two months of resolving the situation attributable to COVID-19, but at no point later than two years after expiration of the applicable deadline.

http://english.sipo.gov.cn/news/officialinformation/1147236.htm

http://english.sipo.gov.cn/news/officialinformation/1145981.htm

Hong Kong

All patent, trademark, and registered design filing deadlines falling between March 23, 2020-April 24, 2020 have been extended to April 27, 2020.

https://www.ipd.gov.hk/eng/whats_new/news.htm

https://www.ipd.gov.hk/eng/ip_journal_notice.htm 

India (Updated)

All deadlines administered by the Controller General of Patents, Designs and Trademarks falling between March 25, 2020-May 3, 2020 have been extended until the Office reopens, which will be no earlier than May 4, 2020. All hearings scheduled on or before May 3, 2020 have been adjourned until further notice. Hearings after that date remain scheduled.

http://www.ipindia.nic.in/newsdetail.htm?670

http://www.ipindia.nic.in/newsdetail.htm?673

http://www.ipindia.nic.in/newsdetail.htm?674/  

Indonesia
(Updated)

Deadlines have not been extended and only electronic filings may be submitted. The physical office closure has been extended through May 13, 2020.

https://dgip.go.id/info-terbaru

Japan

Deadlines have not been extended, however extensions are available upon request for certain procedures.

Procedures which are extendible to the earlier of: (a) two months from when the reason for not having been able to complete the procedure within the time limit ceased to exist; or (b) six months from the expiration of the original deadline:

  • submission of “Proof for Exception of Loss of Novelty” for patent inventions or for designs in international design registration applications;
  • submission of a “Priority Certificate”;
  • filing a divisional application;
  • conversion of a utility model registration or design registration into a patent application;
  • filing of a patent application based on a utility model registration;
  • requests for patent term extension;
  • payment of registration fees;
  • requests for refunds of patent or design fees;
  • filing appeal against a “Decision of Rejection”;
  • requests for retrial or trial against examiner’s ruling dismissing amendment;
  • requests for correction of the description, scope of claims, or drawings in a utility model registration;
  • withdrawal of a demand for invalidation of a utility model registration;
  • submission of certificate to receive special provisions concerning the time of filing of trademark application;
  • application for trademark registration after revocation of an international registration;
  • application for trademark registration after denunciation of Madrid Protocol; and
  • submission of priority document certifying a priority claim under the Paris Convention when filing an international patent application or a request under Article 184-20, paragraph (1) of the Japanese Patent Act.

Procedures which are extendible to the earlier of: (a) two months from when the reason for not having been able to complete the procedure within the time limit ceased to exist; or (b) one year from the expiration of the original deadline:

  • submission of Japanese translations of foreign-language patent applications;
  • request for substantive examination (patent only);
  • late payment of patent annuities and surcharges;
  • PCT national phase entry and submission of Japanese translations (patent and utility model registrations);
  • late payment of trademark installment registration fees and surcharges; and
  • filing a request for registration of renewal (trademark only).

Late priority claims may also be filed within two months of the expiration of the original deadline.

https://www.jpo.go.jp/e/news/koho/saigai/covid19_procedures.html

Laos
(Updated)

All deadlines falling between April 1, 2020-May 3, 2020 have been extended to May 4, 2020.

https://www.tilleke.com/resources/laos-extends-covid-19-lockdown-measures-may-3 

Malaysia
(Updated)

Deadlines for office action responses (including appeals, oppositions and payments) and for trademark and industrial design renewals are extended to May 15, 2020. Deadlines for patent and utility innovation renewals that fall between March 18, 2020-April 28, 2020 are extended to May 15, 2020.  Deadlines related to priority date claims for patent, trademark, and industrial design applications are extended to May 4, 2020. The Malaysian IP Office is closed for paper submissions until the Malaysian Movement Control Order Period ends, though electronic filings may still be made.

http://www.myipo.gov.my/en/home/

Myanmar

No deadline extension due to COVID-19, but deadlines falling between April 10, 2020-April 17, 2020 have been extended to April 20, 2020 for the new year holiday.

New Zealand

Deadlines have not been extended, though requests for extensions of time will be treated favorably if the need for the extension is due to circumstances related to COVID-19. Extensions will be considered for:

  • deadlines to respond to patent examination reports;
  • deadlines to request examination of patent applications
  • Section 71 deadlines for patent applications;
  • deadlines to respond to design examination reports;
  • deadlines to respond to trademark compliance reports; and
  • deadlines to file evidence for proceeding cases.

https://www.iponz.govt.nz/news/iponz-services-during-covid-19/

Philippines
(Updated)

All deadlines falling between March 16, 2020-April 14, 2020 have been extended  to 30 calendar days from their due date. Further deadlines that fall in this period for responses to Office Actions, declarations of actual use, publication fees, oppositions, motions, petitions, requests for substantive examination, and annual fees are extended to 45 calendar days from the due date. For new applications filed during this period, the deadline for payment of filing fees including claim for convention priority fees is extended 45 days from the online filing date. All hearings and mediations scheduled during this time have been suspended and will be rescheduled.

https://www.ipophil.gov.ph/news/covid-strategy-ipophl-shifts-to-online-only-services-postpones-hearings-deadlines/

https://drive.google.com/file/d/1U9FOnu2FCO5S3kzSIncE99r1mEnsVnxy/view

Singapore 

All deadlines from April 7, 2020-May 7, 2020 have been extended to May 8, 2020.

https://www.ipos.gov.sg/media-events/updates/ViewDetails/relief-measures-for-covid-19/

South Korea 

All non-statutory patent, utility model, design, and trademark deadlines falling between March 31, 2020-April 29, 2020 have been extended to April 30, 2020. The extended deadlines include: responses to requests to amend patent applications or correct deficiencies, submitting responses to non-final office actions, submitting responses to trademark registration oppositions, etc. Petition fees associated with requesting revival of applications that were abandoned or expired due to COVID-19 have been waived.

All statutory deadlines prescribed by law or treaty (e.g., national phase entry of PCT applications, filings under the Paris Convention) and deadlines for possible disputes between parties have not been extended.

All deadlines before the Intellectual Property Trial and Appeal Board (IPTAB) for patents, utility models, designs and trademarks failing between March 31, 2020-April 29, 2020 have been extended to April 30, 2020. For later IPTAB deadlines, requests for extensions of time for reasons related to COVID-19 will be granted if filed before the due date, and requests to revive applications within two months of a lapsed deadline will be granted if a suitable explanatory statement and evidentiary materials are submitted therewith.

KIPO Update #1

KIPO Update #2

Thailand
(Updated)

Deadlines have not been extended, though extensions are available by request if the applicant can make a showing that COVID-19 has directly affected the ability to handle intellectual property prosecution.

Vietnam

All deadlines falling between March 30, 2020-April 30, 2020 relating to requests for claiming priority rights, provision of supplemental documents, responses to decisions/notifications of the IP Vietnam, requests for annuities/renewal of the validity of protection titles, payment of all types of fees and charges, and lodgment of appeals/oppositions, have been extended to May 30, 2020. The due date for filing Patent Prosecution Highway (PPH) requests has been extended to May 4, 2020.

http://www.noip.gov.vn/en_US/web/english/news-events/-/asset_publisher/ZMuTgR44COLR/content/notification-on-application-of-legal-provisions-relating-to-time-limits-for-applicants-affected-by-covid-19-and-transactions-between-applicants-and-th

Africa & Middle East

Algeria
(Newly Added)

The Algerian IP Office is working a modified work schedule of a four-hour day. All deadlines will be extended by one month after the office re-opens at regular capacity.

http://e-services.inapi.org/SITE/?Rub=Details-actualite&Aid=35

Egypt
(Updated)

All deadlines have been extended until April 23, 2020, however the Egyptian Patent Office will re-open on April 26, 2020.  Requests for extensions for deadlines after this period will be accepted up to May 24, 2020. All hearings up to April 23, 2020 have been postponed until further notice.

http://www.egypo.gov.eg/

https://engnews24h.com/prime-minister-decision-no-852-of-2020-to-amend-the-curfew-date-and-the-entry-into-force-of-all-other-decisions-to-confront-the-corona-virus/

http://www.egypo.gov.eg/egypo/PDFs/decision_new.pdf

Israel

Deadlines have not been extended, however, no cases will be permanently closed due to missing deadlines that fall before May 1, 2020. Applicants may submit a request for extension of time for any office-set missed deadlines during this period, and missed deadlines due to COVID-19 are likely to be considered as “a reasonable cause” and/or “circumstances over which the applicant and his representative had no control and which could not be prevented” when considering whether to grant the extension.

Deadlines set by legislation cannot be extended and include fee payment deadlines, opposition submissions, requests for patent term extension, requests to reinstate a trademark or design, and requests to reconsider a design rejection.

The following activities are suspended until April 16, 2020: assignments/changes of name/changes of address; notices regarding formal deficiencies in national phase patent applications.

ILPO Update

Iran

Deadlines have not been extended.

Jordan
(Newly Added)
All deadlines falling between March 18, 2020-April 29, 2020 have been automatically extended to April 30, 2020.

Libya

All patent, trademark, and court deadlines are suspended until further notice.

Morocco

All deadlines falling on or after March 24, 2020 are suspended until the state of emergency is lifted.

http://www.ompic.org.ma/en/actualites/covid-19-mesures-particulieres-pour-repondre-aux-besoins-des-usagers-du-systeme-de-la

South Africa

All deadlines have been extended to May 1, 2020.

CIPC Notice

Saudi Arabia

All deadlines falling after March 27, 2020  have been extended to May 3, 2020.

https://www.saip.gov.sa

Tunisia

All deadlines have been suspended until further notice.

Tunisia Notice

UAE

Deadlines have not been extended, though various governmental fees have been reduced as of April 5, 2020.

https://bsabh.com/uae-ministry-of-economy-responds-by-reducing-ip-fees/

 

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