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Study on Intellectual Property Issues in Marital Property

Author: ZhouPing
Tutor: GaoYing
School: Zhejiang Technology and Business University
Course: Civil and Commercial Law
Keywords: intellectual property marital property spouses contribution expectancy right intellectual property income
CLC: D923.9
Type: Master's thesis
Year: 2010
Downloads: 212
Quote: 0
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Abstract


Intangible property has become a more and more important property form throughout the centuries. Reflecting in Marriage and Family Life, it is marked by changes of marital property structure. Morden marital property includes normal tangible property and the intangible property such as patent, copyright and equity as well, showing a trendency of diversification and complication. Intellectual property occupies a special place in marital property forms as a typical intangible property. When intangible property and the income relavent become more and more important in morden marital property,and the principle source of supporting family, certainly it becomes the subject of a complaint.Knowledge Economy development needs good legal environment and it will not work without coordination with other regulations. Intellectual property existing as the main content of marital property should be adjusted by the marital property legislation. How to provide balance between the two is the primacy concern to settle disputes of intellectual property between couples. The relevant provisions in legislation is The Family Law which modified in 2001 and the Judicial Interpretation of the Family Law(II), since the provisions metioned above are oversimplified in form and appropriate in content. With the background of holding significant position in market, intellectual property legislation should be deepen and clarified, and the benefit allocation should provide a theoretical proof so as to be in comformity with theory forecasted and the developing and changing realistic society.Intellectual property issues in marital property is rooted in the intersection between the intellectual property system and the husbands and wives property system, the two both try to adjust the same benefit. On such occasions, this article makes an attempt to provide a cohension between intellectual property system and the husbands and wives property system by well-founded theory supporting and improved regulation designing. On the one hand, introducing the theory of spouse-contribution which based on housework compensation, settling a scientific standard to define the intellectual property benefits, that is to say only the spouse who did something effective to achieve intellectual property rights has the right to share the benefit mentioned above; on the other hand, introducing the theory of expecting right, endowing the spouses who did something effective to achieve intellectual property rights to share the benefits after the divorces, further ensuring the spouses’interests. Abase all, putting forward legislative suggestions to improve the marital property system, stating clearly that intellectual property should be thought as personal property and the benefits allocation of intellectual property is secondary, what’s more, intellectual property interest should be treated differently in different cases has been further defined. In addition, this article discusses something about infringement and compensation of intellectual property.In this case, adjusting the interests of intellectual property should try to keep it independent so that property right person will be whipped enthusiasm. At the same time, on account of equality of marital property allocation, legislations should take care of disadvantaged spouses, so the two systems will be well matched and maximize the community interests.

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CLC: > Political, legal > Legal > Chinese law > Marriage Law
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