The Partition Of Intellectual Property Rights In The Divorce Litigation

Development of the times has brought a strong impact on people's life and ideology, the rising divorce rate in recent years is also one of the consequences. On one hand, the rising divorce rate reflects the social's development and change, it is also provides an opportunity to improve the society system. Division of property is the most important part in divorce proceedings. When the emotion has lost, the property becomes the focus of controversy. In China's relevant legal system, there are many laws with regard to property division. But most of those laws around the division of tangible property. There are only a few laws around the division of intangible property, such as intellectual property right. Another trend is the era of the knowledge economy, a trend that makes the intellectual property rights became more and more important. The legal disputes about intellectual property rights have become more and more. How to confirm the ownership of intellectual property rights and how to division the property interests become important issue.In the division of property systems of divorce proceedings, intellectual property rights is of particular value to be explored, because of intellectual property rights has great particularity. This particularity on the one hand shows as it has the particularity of tangible property is different from the general. Such as it has dual attributes of personal and property, the non-physical nature of the object and the property interests'uncertainty and so on. Based on these characteristics of the study, we could make confusion: the dual attributes of intellectual property rights don't mean it can not be shared by husband and wife; at the same time, the division object of intellectual property rights is people's property rights. Anyway personal rights is indivisible; And the intellectual property rights'property interests both contains vested interests and expected benefits.The New Marriage Law and the Supreme People's Court of new relevant documents, to meet the needs of social development, provide the corresponding regulations. Although our current system of intellectual property has recognized the special nature of intellectual property, it is not enough. The existing regulations of intellectual property division in divorce proceedings have many deficiencies. The first is the scope of the establishment of shared intellectual property is incomplete, only the income from intellectual property is involved. The ownership of intellectual property rights has been completely ignored. The division of intellectual property income is unreasonable. It neglected the economic benefits of intellectual property rights which have not achieved. Followed by the regulations of the division of intellectual property rights are general requirement, the lack of fair and workable rules. The existence of these problems so that the courts in dealing with divorce, division of property rights in the process of intellectual property rights are often faced with disputes, affecting the legal authority and civil rights protection.In order to safeguard the authority of law and social justice, in many ways the current system need to be improved. Identify the ownership of intellectual property, a system needs to build up which combined with intellectual property rights formation process and the process of cross-marriages; we need a total of segmentation system to increase the operability of the law, to fully respect the wishes of the parties; against the uncertainty of the value of intellectual property rights, establish value assessment system. In the divorce proceedings, the introduction of professional bodies, when the value of intellectual property rights and reasonable assessment to ensure a fair and reasonable verdict; the tort compensation relates to intellectual property rights should be reflected in the division of property in divorce proceedings. And the commitment to the rights and obligations depends on when the violations occurred; promote the economic compensation system for divorce division of property rights. Through the legislative recognition of the value of housework, to ensure the household spouse get her or his due benefits. It is also necessary to establish the prosecution system to make up less than one-time segmentation.Intellectual property rights on a country's development are of great significance. The division of property rights of intellectual property, not only for the parties is of great significance, but also important for the entire system of intellectual property law. Society is progressing, the legal system needs developments. How to ensure the law keep pace with the times, in order to escort the positive development of society, is an important problem that all of us should think about.