Intellectual property rights mainly include patent rights, trademark rights, copyrights, etc.
According to the provisions of Article 1062 of the Civil Code, the income from intellectual property rights obtained by a husband and wife during the marriage relationship shall be owned jointly by the husband and wife.
In other words, during the marriage, as long as the spouses have not agreed that the income earned after marriage belongs to each other, then the income obtained by either party from intellectual property rights is the joint property of the spouses, and the other party’s Everyone has the right to share.
However, since intellectual property rights are intellectual achievements, the creation and acquisition of their rights and the realization of property interests are often not synchronous, and may even be separated by a long period of time. If during this period, the parties involved If the marital status changes, it will cause difficulties in determining the nature of the property rights of intellectual property rights.
The key to determine whether the intellectual property gains obtained by one party after divorce is the individual property of one party or the joint property of the couple depends on whether the intellectual property rights were acquired before the divorce or after the divorce.
According to the provisions of Article 12 of the Interpretation (2) of the Marriage Law, in the case where the spouses have not agreed that the acquired property belongs to each other, as long as the property is actually acquired or has been clearly acquired during the marriage, Sexual gains are the joint property of husband and wife.
In other words, even if it is the property income of intellectual property rights obtained by one party after the divorce, as long as it has been clearly obtained before the divorce, it should be regarded as the joint property of the husband and wife.
For intellectual property rights acquired during the marriage, if the income cannot be clarified, the income cannot be determined to be the joint property of the couple upon divorce.
Because the income from intellectual property rights has certain expectations and uncertainties, if the right holder does not put its intellectual property rights into use, its income is not clear and cannot be divided as ***. .