Marriage Law Of Intellectual Property Rights Issues

Along with the development of social economy and the improving of science and culture, this new type of intellectual property rights has more and more been owned by the ordinary citizens, and the economic benefits it brings are increasingly becoming the important capital gains in people's lives.Meanwhile, in the field of marriage and family,intellectual property disputes are also increasing, especially in the division of property in divorce, how to deal with the interests of intellectual property has become urgent problems.Due to the intellectual property is different from traditional physical property rights, in the belongings of husband and wife, the ownership of intellectual property rights of their own and the attribution are always the focus of attention in theory and practice areas and even in the legislation.Intellectual property is an establishment of modern legal theory, it is a new kind of rights, and based on the invisible nature of its object and the characteristics of its rights awarding from the law, it is prone to misunderstanding in the property and transferability of intellectual property rights compared with other general physical property rights. Theoretically, to classify physical objects as "property" category usually consists with the cognition of general people, but to classify the "rights" of such intangible things as "property",we need to extension the concept of "property" in the law.Especially in marriage and family, because the getting of intellectual property right and the obtain of its economic interests are usually not synchronized in time, we must analysis the attribution of intellectual property rights according to the specific circumstances, as a basis for the division of property in divorce.This thesis according to the relevant provisions of intellectual property rights in china's existing marriage, combined with the very nature of intellectual property rights,researches whether intellectual property rights itself can be couple's common property or not and the attribution of its income, especially the attribution of the unrealized part in the property which obtained by one of the couple, and proposes some suggestions on how to make a reasonable division of intellectual property rights when divorce.In author's opinion,our marriage law takes the system of "common ownership of matrimonial property", the essence of this system is to reflect the "husband and wife work together",that a spouse's any labor income can not be separated from the other's support and help in marriage, therefore the income should be regarded as common property. So,regarding intellectual property rights,the embodiment of this couple cooperation is the process which knowledge products created,rather than the time when the economic benefits actually achieved.Accordingly, in the field of marriage and family, the income of intellectual property rights should be included in the scope of couple's common property. In property division of divorce when related to the income of intellectual property rights,we must fully consider the special nature of intellectual property rights, and make a reasonable and lawful disposal.