On The Ownership Of Intellectual Property In Divorce

With the promulgation of Marriage Law of the People's Republic of China,our country firstly legislates that earnings from intellectual property in marriage existing periods belong to communal estates of spouses.The share of intellectual property in the dismemberment of property in divorce is increasing.So the ownership of intellectual property is particularly important,and the research on the ownership of intellectual property in divorce disputes is of certain practical significance.Emphasizing the ownership of intellectual property in divorce,our research mainly discusses the issue from the followings:In chapter one,we give a general description of the ownership of intellectual property in divorce mainly by the discussion on its meaning,types and the theoretical controversy surrounding it.Moreover,we research on the ownership of intellectual property in divorce to define the rights and obligations caused by it,and to prevent the malicious party of a couple from transforming or concealing property to decrease the communal estates and doing harm to the interest of the other side,so that vulnerable groups can be protected.Furthermore,in this chapter,taking the time of acquiring intellectual property as the standard,we define the ownership of intellectual property in divorce and analyze theoretical controversies of different opinions to learn about views of different schools on the ownership of intellectual property and earnings from it.In chapter two,we mainly analyze the current situation and existing problems of our ownership system for intellectual property in divorce.First,we elaborate the related provisions about the ownership of intellectual property in the existing legislation and its positive role in judicial practice.Second,we summarize the mainstream views on the ownership of intellectual property in judicial practice.Finally,we analyze the deficiency of the ownership system for intellectual property in divorce from the three aspects--the unfair standard for the earning ownership in marriage existing period,the limitation to the scope of the earning ownership and no other extensions on the provisions for the ownership of intellectual property,and no provisions on the expectant earning ownership of intellectual property in legislationIn chapter three,by establishing the general principles of ownership systems for intellectual property and improving the legislation for controversies on current ownership system for intellectual property in divorce,we put forward some suggestions for it.On the basis of following related principles,we suggest measures like the introduction of the spouse contribution theory,the definition of the scope for the intellectual property division,the quantification of appropriate compensation,the definition of the damage compensation system for the infringement of intellectual.property and the supplement of evaluation methods for the expectant values of intellectual property.In summary,combining the related provisions in our Marriage Law and the Intellectual Property Law,we aim to explore the problems existing in the ownership of the intellectual property in divorce and put forward some feasible measures to further promote the implementation of our marriage system.