At The Time Of Divorce On The Ownership Of The Intellectual Property Rights And Its Segmentation Problem

Intellectual property serves as a kind of different from the traditional property special rights, with many of their specificity, these particularities and our current marital property system deficiencies, making divorce both on the intellectual property right has many different views and disputes, is the existence of these problems, allows parties to fully and effectively safeguard their rights and interests, but also makes the divorce property division to realize the essence of the real equality.This thesis mainly launches the elaboration from four parts:The first part of the divorce of intellectual property based theory expounded, and then analyzes the types of divorce:Division of intellectual property rights. The section is divided into four small part of:(a) a party premarital obtain intellectual property rights but not actual income;(two) a party premarital obtain intellectual property rights and actual income during the marriage;(three) a party during the marriage made intellectual property but not actual income;(four) a couple of common property.The second part of the income attributable to intellectual property and split the principle of measures specific analysis, First the premarital obtain income from intellectual property and attribution analysis, and then analyzes the income from intellectual property and vested during the marriage made, Segmentation principles and practices described in order to help cases involving intellectual property division in divorce in China’s judicial practice.The third part of our present law about intellectual property segmentation rules and problems were discussed, through the analysis of China’s current legal provisions, and then points out its existing problems.The four part of the current law of our country about the intellectual property division problems, put forward to perfect the proposal.