IP in 2017: Nothing To See (Yet) Amid The Fog Of Political War

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IP in 2017: Nothing To See (Yet) Amid The Fog Of Political War


‘Tis coming up on the season of crystal ball–gazing, when pundits and bloggers look into the future to see what the new year will bring in the fields they cover. The itch to peer into the future is even harder to resist in presidential election years, especially those in which a new president will take the place of an old.

We will resist that urge, and encourage others to do so as well. In the aftermath of the most surprising presidential election result in recent memory, which saw the election of an underdog candidate who seemed at times to be as much at odds with his own party establishment as with his opponent, the future is, to put it mildly, murky. That is especially true in a technical and arcane byway of the legal realm such as intellectual property law. While we know what the president–elect thinks of the Trans–Pacific Partnership, and we can imagine that he has strong views about the intellectual property associated with a personal brand, such as his own, we know next to nothing about what the next president’s administration will do in the realm of IP law…if anything. Until that administration takes shape, then takes action, we can only recommend in favor of caution and against speculation. While it is important to stay abreast of the latest developments, good counsel know it is equally important not to get ahead of them.

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