Ownership And Division Of Expected Interests Of Intellectual Property In Divorce

In today’s era of rapid development of emerging industries,the economic development structure is no longer single.Under the guidance of the state and the support of relevant policies,many innovative economic types and cultural economic types have sprung up.The property type of people’s income is not only limited to tangible property,intellectual property and other intangible property has gradually become the mainstream property type.The income source between husband and wife is not only a single salary,but also a lot of income from creative and innovative works.Generally speaking,it is a knowledge product formed by mental creation,which is transformed into economic value income.It takes a certain time and process for intellectual property to be transformed into real economic value.The intellectual property that fails to be transformed into economic benefits in time is called the expected benefits of intellectual property.Because intellectual property has the characteristics of personal and property,the two attributes of intellectual property cause the situation that it is difficult to divide the intellectual property fairly in divorce.However,the development of intellectual property is limited Value can be quantified by transforming into economic benefits,and it can be clearly divided.Therefore,how to reasonably divide the expected benefits of intellectual property rights is an urgent problem to be solved.The problem of how to divide the expected interests of intellectual property mainly exists in the divorce of husband and wife.The small family formed between husband and wife is an important part of social relations.With the development of the times,there are more and more factors that affect the feelings of husband and wife.In recent years,the divorce rate has increased year by year.How to divide the property between husband and wife has become the top priority of divorce.The definition and division of tangible common property between husband and wife in China’s current law has been quite clear and specific,but the provisions on the division of expected interests of intellectual property rights are not perfect.How to divide the expected interests of intellectual property has aroused full discussion in the academic circles.There is a great controversy in the academic circles,which forms a very difficult situation when judges judge specific cases.This paper starts with the objection of academic circles to the expected interest division of intellectual property after divorce,and sorts out and lists the focus and conflict of academic circles to the expected interest division of intellectual property.Combined with the practical cases,this paper combs the judgment opinions in the judicial cases of the practical circles,puts forward my own opinions and opinions on the scheme of the expected interest division of intellectual property rights on the shoulders of the predecessors,simply analyzes and summarizes the current legal provisions of intellectual property rights in foreign countries,and combines with the advantages of foreign laws to analyze the expected interest division of intellectual property rights in the current law of our country Finally,effective suggestions are put forward.