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COVID-19 update 5

How to deal with IP infringement concerning online product distribution? Under the present circumstances in the Netherlands, many physical retail shops are closed, and people are working from home where possible.


This bears risks for businesses, as sales may diminish and purchasing patterns may shift (further) from physical stores to online.

For manufacturers, in particular those that suffer diminished sales, it may be worthwhile to safeguard existing IP rights against potential bankruptcy, for example by transferring such rights to an independent legal entity. In addition, the relative increase of sales through online channels may hamper efficient screening of potentially infringing products, or of goods sold under an infringing trademark. Manufacturers may want to increase their online screening presence by scouting for competing products through online channels.

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