On The Attribution And Division Of Intellectual Property In Husband And Wife Property

With the continuous development of social economy and science and technology,people's property types and expressions have undergone tremendous changes.Intellectual property rights have played an increasingly important role in the growth of the national economy and have become increasingly important in the property system..The joint property between husband and wife has a diversified structure in terms of structure,not only including tangible property such as houses and automobiles,but also the economic benefits of intellectual property rights as intangible assets have become an important part of the joint property of husband and wife.At present,China's laws and related judicial interpretations seldom stipulate the division and division of intellectual property rights in marital property,and the controversy is large.These thin regulations make the reality of judgments inconsistent,and it is difficult to fairly and reasonably solve the problems of the husband and wife.Inter-agency intellectual property disputes.The inadequacies of the legal and judicial interpretations caused the spouses to have a lot of contradictions regarding the division of intellectual property rights during divorce.To solve the problem of division of intellectual property rights,the premise is to clarify the ownership of intellectual property rights between husband and wife.Intellectual property rights that are completed during the marriage period,regardless of whether they actually obtain benefits,should belong to the joint property of the husband and wife and can be divided.This is very important for the effective resolution of joint property related disputes between husband and wife and safeguarding the fairness and fairness of the law.