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Anonymous users2024-02-06According to the provisions of the Marriage Law, the proceeds of intellectual property rights arising after marriage belong to the joint property of the husband and wife.
The following property acquired by the husband and wife during the marriage shall be jointly owned by the husband and wife:
salaries, bonuses;
income from production and operation;
proceeds from intellectual property rights;
property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
Other property that should be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property. ”
However, in practice, it will be analyzed in detail according to the actual situation, and whether the time when the property income of the intellectual property has been specified is within the period of the marriage relationship can be used as the criterion for judging the ownership of the part of the income. The details are as follows:
1.According to Article 12 of the Judicial Interpretation (II), during the existence of the marital relationship, the property proceeds of the intellectual property rights actually acquired or that have been expressly obtained shall be jointly owned by the husband and wife.
In other words, during the existence of the marital relationship, if the intellectual property is created by one of the spouses after the marriage, one party acquires the ownership of the intellectual property rights, and the intellectual property rights themselves belong to one party. However, the proceeds of intellectual property rights, i.e., property rights, should be jointly owned by the husband and wife and belong to the joint property of the husband and wife. For example, during the existence of the marital relationship, the remuneration received for the publication, performance, or broadcast of the work, or the remuneration received for allowing others to use it; remuneration obtained by the patentee for transferring the patent right or licensing others to use the patent; The remuneration obtained by the trademark owner from the transfer of trademark rights or the licensing of others to use his registered trademark belongs to the income of intellectual property rights and belongs to the husband and wife.
2.If the time of the intellectual property property income is clear before the marriage, even if the income is actually obtained after the marriage, the income is still the personal pre-marital property.
3.If the time of the property gain of intellectual property is after the divorce, the income is personal property.
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Anonymous users2024-02-05During the marriage, is the income derived from intellectual property rights part of the joint property of the husband and wife?
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Anonymous users2024-02-04According to the relevant provisions of Chinese law, the intellectual property income obtained by husband and wife during the existence of the marital relationship, such as the corresponding transfer fee or license fee obtained from the transfer or licensing of trademark rights, belongs to the joint property of the husband and wife.
Article 1062 of the Civil Code of the People's Republic of China.
The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
1) Wages, bonuses, and remuneration for labor services;
(2) Income from production, operation and investment;
iii) Proceeds from intellectual property rights;
4) Inherited or donated property, except for those provided for in item 3 of Article 1063 of this Law;
(v) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Anonymous users2024-02-03The proceeds of intellectual property rights generally belong to the joint property of the husband and wife. However, if the intellectual property income arises before the marriage registration and there is no special agreement between the parties, the intellectual property income shall be recognized as the property of one party and shall not be recognized as the joint property of the husband and wife.
[Legal basis].Article 1062 of the Civil Code of the People's Republic of China.
The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
1) Wages, bonuses, and remuneration for labor services;
(2) Income from production, operation and investment;
iii) Proceeds from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
(v) Other property that shall be jointly owned.
Husbands and wives have equal authority over joint property.
Article 1063.
The following property is the personal property of one of the spouses:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
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Anonymous users2024-02-02Legal Analysis: The proceeds of intellectual property rights belong to the joint property of the husband and wife.
Legal basis: Civil Code of the People's Republic of China
Article 1061:Husbands and wives have the right to inherit each other's inheritance.
Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, awards, differences, and remuneration for labor services;
(2) Income from production, operation and investment;
iii) Proceeds from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
(v) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
Article 1063 The following property shall be the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury to Eggplant;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
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Anonymous users2024-02-01Legal Analysis: The proceeds of intellectual property rights belong to the joint property of the husband and wife. "Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife.
The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife.
Legal basis: Civil Code of the People's Republic of China
Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, bonuses, and remuneration for labor services;
(2) Income from production, operation and investment;
iii) Proceeds from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
(v) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
Article 1063 The following property shall be the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is transferred shall be legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall be owned by each other, and the debts incurred by the husband or wife for the unbridled companionship are known to the counterpart, the debts incurred by the husband or the wife shall be paid off with the personal property of the husband or the wife.
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Anonymous users2024-01-31Belong. Article 1062 of the Civil Code [Joint Property of Husband and Wife] The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife:
1) Wages, bonuses, and remuneration for labor services;
(2) Income from production, operation and investment;
iii) Proceeds from intellectual property rights;
4) Inheriting or receiving property from the clan, except as provided for in Paragraph 3 of Article 1063 of this Law;
(v) Other property that shall be jointly owned.
Husband and wife have equal rights to deal with joint property.
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Anonymous users2024-01-30Legal Analysis: The proceeds of intellectual property rights belong to the joint property of the husband and wife. The following property acquired by the husband and wife during the marriage shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
iii) Proceeds from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
(v) Other property that shall be jointly owned.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, bonuses, and remuneration for labor services;
(2) Income from production, operation and investment;
iii) Proceeds from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be owned by the Communist Party of China.
Husband and wife have equal rights to dispose of joint property.
Article 1063 The following property shall be the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) The property of the person who has been burned in the will or gift contract determines that it belongs to only one party;
4) Sun potato products for daily use used by one party;
5) Other property that shall belong to one side.
During the existence of the marital relationship, the part of the intellectual property benefits that have been clearly obtained but actually obtained after the divorce shall also be jointly owned by the husband and wife. According to this criterion, in practice, whether the time when the property proceeds of intellectual property rights have been specified are within the existence of the marital relationship can be used as the criterion for judging the attribution of such part of the proceeds. Article 12 of the Judicial Interpretation (II) of the Marriage Law stipulates that during the existence of the marital relationship, the wealth and abortion proceeds of intellectual property rights that have actually been obtained or have been clearly obtained shall be jointly owned by the husband and wife. >>>More
In life, we often hear about the infringement of intellectual products, but what are the examples of protecting one's intellectual property? Intellectual property rights, in a broad sense, include copyright as copyright, patents as technical inventions, trademarks, trade secrets and well-known rights, etc., of which the first three categories are protected quite comprehensively. Today, we present a few examples of the protection of intellectual property rights: >>>More
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The specification is a detailed description of your patented technology, the claims summarize the scope of the technical solution you protect, and the abstract is a brief description and does not need to be made in kind. **It can also be hand-drawn, as long as it is clear, and it does not need to be drawn according to the cartographic standard. Then go to the State Intellectual Property Office to apply for a patent application, fill in 2, take these materials to the Patent Office of the State Intellectual Property Office to apply; or mail it to the Patent Office of the State Intellectual Property Office to accept and make noise; Or go to the representative offices of the State Intellectual Property Office in various places to apply. >>>More
If you have any specific invention or utility model or design, you can go to the patent office to apply for a patent, but the time is very long, and there is a time limit, find an investment company to ask, or take out a loan yourself, it is difficult to start a business now, I wish you success!