Research On Legal Issues Of Intellectual Property Division And Compensation In Divorce Proceeding

Nowadays,intellectual property is an important part of husband and wife property.As an intangible property with both personal and interest,intellectual property is bound to be different from other general properties.The interpretation of marriage and family in part V of the civil code of the People’s Republic of China and the Supreme People’s Court on the application of the civil code of the People’s Republic of China on marriage and family(I)there are only a few intellectual property provisions in the duration of the relationship between husband and wife,which is too abstract and vague,and there is no provision for the intellectual property itself and the expected income attribution,and there is still a broad and vague explanation The differences between the theoretical circles and judicial practice on the understanding and application of law make the difference between the recognition and division of one party or the shared intellectual property rights between husband and wife in practice,and the different judgments in the same case are everywhere,which leads to many disputes.This paper attempts to explore a set of relatively reasonable mechanism of intellectual property division and compensation under the background of the formal implementation of the civil code,taking into account the legal provisions of marriage and intellectual property.The main body is divided into four chapters.The first chapter defines the definition and characteristics of intellectual property,clarifies the social significance of intellectual property division and compensation,and combines the marriage partnership theory and spouse contribution theory to provide a solid theoretical basis for further analysis;the second chapter summarizes the current judicial practice in China through specific case analysis,combining with the actual situation of China The third chapter selects the relevant research and practice of the typical countries and regions in the foreign countries and regions for the division and compensation of the intellectual property rights of husband and wife,and draws lessons from them,which is of great benefit to improve the relevant legal system of our country;chapter four,on the premise of confidant(domestic status quo)knowing other countries(other countries),puts forward the conclusion The proposal of intellectual property division and compensation in divorce dispute is good.The innovation of this paper is to explore how to balance the differences between intellectual property rights and marriage family legislation under the legal husband and wife property system,and based on the uncertain personal and income of intellectual property rights,combining with the legislative provisions of civil code and related judicial interpretation officially implemented on January 1,2021,how to make a theoretical study and make suggestions on the reasonable compensation for the domestic contribution of spouse of non intellectual property in divorce proceedings,in order to help the current theory and judicial practice,so as to better protect the legitimate rights and interests of both parties who are separated from the marriage hall.