Tuesday, September 24, 2019
Home >> 《Collection of Women's Studies》 >> 2009-4
Rules of Division of Intellectual Property Rights in Conjugal Property System
Source:Chinese Women's Research Network | Release Date:2010-8-19
Keyword: intellectual property rights, conjugal property, division of property upon divorce
Author: ZHENG Qi-bin

Intellectual property rights are treated differently from other types of property by the Chinese Marriage Law. Such treatment is inconsistent and unfair because intellectual property rights achieved before marriage is granted only as a personal ownership without giving recognition to possible growth due to contributions of joint management after marriage. From the perspective of the characteristics of intellectual property rights and conjugal property system, intellectual property rights achieved during marriage should be considered conjugal property. Upon divorce, intellectual property rights ought to be divided like other types of property, especially paying attention to the ownership of right to life and division of rights to unpublished material.

Hello visitor,
FORUM directory
Collection of Women's Studies (Bimonthly)
Sponsored by All-China Women's Federation, Women's Studies Institute of China
Published by Collection of Women's Studies Editorial Department
Address: No. 15 Jianguomennei Dajie, Beijing Postal Code: 100730
Chief Editor: Tan Lin
Deputy Chief Editor: Jiang Xiuhua
Editor: Mi Ruixin, Shi Kailiang, Wang Qinghong
Tel(010)65103472 Fax(010)65258990
E-mail: luncong@wsic.ac.cn 17656@263.net
Post Distribution Serial Number:2-375
International Serial Number: BM1186
About Us | Job | Link | Contact Us