Analysis of Patent Law Examination Questions in 2022

Due to the continuous development of society, the application of old laws and regulations will also lead to the result being divorced from reality. Now, affected by aging, the working population has dropped sharply, so the policy of having two children and three children has been gradually opened. So many families have changed from one-child families to many-child families. In the previous one-child family, parents' property could be inherited by their daughters or sons. However, in a multi-child family environment, how to inherit the property becomes a problem. Some brothers and sisters in some families will turn against other brothers and sisters in order to get more parental inheritance. In order to prevent children from having disputes over property issues in the future, many parents will choose to distribute the inheritance in advance, how much should this child give and how much should that child give. However, due to the new changes in the inheritance law, the following types of property cannot be inherited.

intellectual property

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Many people know that intellectual property is a right when they talk about it. But in fact, this idea is wrong. This right is actually the collective name of copyright, patent right and trademark right. But the right that children can't inherit here mainly refers to copyright, but it doesn't mean that as long as it is copyright, it can't be inherited.

The part that cannot be inherited refers to the personal rights of the work, and children still have the right to inherit the property rights of the work. This right cannot be inherited because it has a very close relationship with the copyright owner. The personal rights of works that cannot be inherited include the right to publish, the right to sign and the right to modify. Because of the particularity of copyright, as long as the works independently created by domestic authors are not published, they can enjoy the protection of copyright, so the inherited children can't decide whether the works are published or not. The right to sign and modify is better understood. If the work is done by parents, it should also be their names. Parents, as copyright owners, of course have the right to protect the integrity of the work, so children can't modify the work without authorization.

Property of others

According to the provisions of the Inheritance Law, if the parents will dispose of the property of a third person, then the will involving the property of others will not be effective. Since it is no longer valid, children naturally cannot inherit it.

If parents are partners of the enterprise, children cannot become partners of the enterprise directly because of their parents' death. If you want to become a partner, you must get the consent of all the partners in the enterprise. If some partners disagree, then it is hopeless to become partners through inheritance. But the general enterprise will return your parents' capital contribution and the dividends they deserve to you. If the capital contribution is in non-monetary form, it may be returned in kind or converted into currency. So, in other words, what can't be inherited is only the identity of parents and partners.

Pensions and compensation

This property is also impossible for children to inherit. The premise that property can be inherited is that it belongs to the deceased, but the pension is not the personal property of the deceased in nature. This is because the pension is mainly for the relief of the family members of the deceased, that is to say, children can get this property, but the way to get this property is not through inheritance.

insurance money

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The inheritance of insurance money depends on the situation. As we all know, the compensation of insurance money depends on who is the beneficiary designated by the insured. If the beneficiary designated by the parents is another third person, then the children naturally cannot inherit.

If inheritance involves the above kinds of property, we must keep our eyes open to avoid unnecessary disputes in the future. With the perfection of this inheritance law, disputes about inheritance will be easier to solve in the future. Children don't make trouble because of property disputes.