Nowadays,intellectual property and its income have become an important growth point for people’s wealth.When the right holder of intellectual property rights and other people form a family,the property income brought by the exercise of intellectual property rights also occupies an important proportion in the marital property.The holder of the intellectual property law gives the exercise of rights is "a monopoly",is to protect the interests of the holder of the individual,and marriage and family law,to balance the equality of couple in statutory marital property relationship,emphasize common property.The income derived from the intellectual property rights,the adjustment of intellectual property law and the combination of intellectual property law and marriage and family law,are different.In the marital property relations,intellectual property and its earnings should be adjusted by the intellectual property system,shall be adjusted by the marital property system,based on the system design is different,the different value choices,there are inevitable conflicts.In addition,the current law of marriage law on intellectual property and its benefits is too simple to solve the problems in practice.Therefore,this paper tries to adjust the ownership of intellectual property and its benefits in marital property through theoretical elaboration and system construction.This paper is divided into four parts.The first,This paper introduces the content of this paper through practical cases.Discuss the problems in the case and analyze the related problems.Second,combining with the current laws and regulations and the legal theory of intellectual property rights and its benefits in marital property belongs to introduce,make readers can under the current law of our country intellectual property rights and its benefits in the marital property ownership have a more profound understanding.At the same time,the development and evolution of intellectual property rights in China and the existing problems are further elaborated.In view of the current intellectual property rights in our country has developed rapidly,the proportion in the marital property and in real life problems,analysis of marital property on the ownership of the intellectual property rights and its benefits in the existing problems and reasons,the emphases and difficulties of induction.Analyze deficiencies and possible improvements in existing systems.Third,through to the foreign marital property ownership of intellectual property rights and its benefits inthe legislation and practice,comparative study,the hope for China’s marital property belongs to provide reasonable reference for intellectual property rights and its revenue.Fourth,summarizing domestic scholars point of view,and draw lessons from foreign legislation of relevant information,to our country current law about intellectual property rights and benefits in the marital property ownership feasibility Suggestions are put forward. |