The Research On Ownership And Division Of The Intellectual Property’s Unrealized Profit In Couple’s Mutual Property

Nowadays, the innovation factors become more and more important on thenational economy growing."The phenomenon of knowledge economy" isincreasingly being talk about by sociologists. With the development of modernscience technology and commodity economy, the original property pattern werebroken by the intellectual property rights which is regard as a new type of property,it has become the revolutionary, dynamic property type in the present propertysystem.According to incomplete statistics, the global annual created by theintellectual property wealth is trillions, because knowledge can bring wealth, moreand more people through creating,investing, producting or distributing knowledge tomake a living, more and more citizens own the intellectual property, intellectualproperty has grown into an important component of social wealth. In this context,the marital property is no longer confined as houses, cars, jewelry and other tangibleproperty, intellectual property has become an important family property. Intellectualproperty wealth also enter into the marriage property field, it has become animportant part of marriage and family property.The rull about community property of "Marriage Law of the People’s Republicof China" still exist defects, even some scholars believe that some rulls of "MarriageLaw" does not conform to the marriage system purpose and value, it is difficult toembody the legal protection of the disadvantaged in the property rights and interestsof one party to this purpose, so that the imbalance between couples in equal property,the parties to rely on the law fully protect their own property rights. Over the longterm, is not conducive to the development of the society.This paper attempts from the characteristics of intellectual property rights,starting with the angle of the marital property system, taking the real case of China’scurrent legislation and judicial practice in China as the research object, discussedafter the divorce of intellectual property ownership and interests has yet to achieve the segmentation problem, and put forward related suggestions of legislation andactual operation approach.