Segmentation Of Intellectual Property Rights In Divorce Cases

With the changing times, people’s thinking has undergone fundamental changes,more and more families divorce, marital relations could not be maintained, divorce,division of property has become an important issue. The increase in types of property intoday’s society, a lot of intangible property involved in the divorce division of property,including intellectual property rights is an important object of the divorce division ofproperty, The main purpose of this paper is how to divide the intellectual property rightsin divorce cases.This paper discusses the intellectual property division in divorce proceedings. Thefirst part introduces the concept and characteristics of intellectual property rights; Thesecond section describes partition type of the intellectual property rights in divorceproceedings combined cases.Based on the intellectual property rights ownership, thedivorce of intellectual property is divided into four different forms and four differentsegmentation results: If one of the spouses obtained intellectual property rights beforemarriage but failed to activate the belonging revenue of the intellectual property, the rightsof spouses personal property can be divided. If one of the spouses obtained intellectualproperty before marriage and activated revenue recognized as jointly owned property to bedivided during the marriage. If one of the spouses during the marriage obtainedintellectual property rights, but not activated the separation of revenue recognized for thejointly owned property. Matrimonial intellectual property rights in accordance withgenerally can be dealt with a total of four cases. The third part describes the defects ofChina’s Marriage Law on intellectual property divide systemfrom the perspective of theexisting laws and regulations in China; The fourth section describes the perfectrecommendations of the divide system of intellectual property rights in divorce cases, in abid to solve the issues of intellectual property division in the divorce proceedings.The practical significance of this study is to explore feasible at this stage of thereform measures from our existing Marriage Law system, to help to solve the drawbacksof intellectual property rights in the institution of marriage divide in China, improvedivorce Intellectual Property divide the trial efficiency, promote the effective operation ofthe institution of marriage.