The Mechanism Of The Division Of Intellectual Property In Divorce Settlement

As the economy grows rapidly,the undertaking of intellectual property has made great progress.The intellectual property has become one important part of property of the Chinese people.When it comes to a divorce,the property division will become an important issue because the intellectual property brings benefits to its owner.For example,the owner of the intellectual property can transfer all or the part of property right to others to get the transfer fee.He can also charge others by authorizing them to use the intellectual property.However,the intellectual property is a kind of special property different from the traditional property.Because of the special features of the intellectual property and the defects existing in the divorce settlement regulations of the Chinese marriage law,there are a lot of arguments and different opinions on the division of the marital property.Those problems have made it difficult for the spouses to safeguard their rights and ensure the real equality in the divorce settlement.The arguments of the article are based on the solutions of these problems.There are three chapters in this article except the foreword and the conclusion:In the first chapter the author mainly analyzes the special features of intellectual property which is different from other kinds of property.Further,she discusses the influences of the special features on the division of the property of a married couple in a divorceIn the second chapter the author discusses the influence of the Chinese property law for a married couple on the property division in a divorce.The author analyzes the current regulations for the division of the intellectual property in a divorce and the law related to the property owned by a married couple.Finally,the author makes comments on the division of intellectual property in a divorce by referring to some scholars' opinions.Based on the analysis of the first and second chapter and the achievements of other scholars,the third chapter brings some ideas on the division of intellectual property in a divorce.Firstly,the author discusses the value orientation of the division of intellectual property in a divorce.Secondly,she analyzes the principles and methods.Finally,she puts forwards some special dividing methods for several kinds of intellectual property based on their characteristics.The three traditional forms of intellectual property-copyright,patents and trademark-are discussed in details.