What is the nature of the benefits derived from intellectual property rights and what determines the

In the general direction, the income is to obtain the core competitiveness of the product, and in the small direction, the income is the monetary value. It is mainly determined by the content of the IP and the market demand.

Intellectual property rights mainly include: (1) patent rights; (2) the right to implement; (3) the right to prohibit; (4) the right to offer to sell; (5) the right to mark; (6) exclusive right; (7) the right to license; (8) the right to transfer; (9) franchises; (10) Right of publicity; (11) Authorship; (12) the right of reproduction; (13) performance rights; (14) adaptation rights; (15) the right of annotation; (16) the right to collude; (17) the right of translation; (18) Right to Rectification; (19) broadcasting rights; (20) the right to exhibit; (21) compilation rights; (22) filming rights; (23) lease rights; (24) the right to disseminate information on the network; (25) the right to screen; (26) the right of issuance; (27) the right to protect the integrity of the work; (28) the right to import; (29) export rights; (30) the right to charge; (31) Other powers such as the right of disposition.

The relationship between IP rights and rights.

1) Rights and powers in the theory of property rights.

Theories of rights and powers begin to emerge from ownership. Civil rights refer to the possibility for a civil subject to do or refrain from doing a certain act in accordance with the law in order to achieve a certain benefit.

2) Rights and Powers in Intellectual Property Theory.

The power and rights of intellectual property are the relationship between the parts and the whole, the power of intellectual property is the part that makes up the intellectual property, and the intellectual property is the whole composed of the intellectual property rights. From the perspective of the realization of rights, the process of realizing intellectual property rights is the process of exercising rights, rather than the process of exercising rights. Therefore, the relationship between the two cannot be viewed mechanically, let alone artificially separated.

3. Classification of intellectual property rights.

1) Positive and negative powers.

The power of intellectual property can be divided into two basic forms: positive power and negative power. The positive power of intellectual property refers to the various acts of domination over intellectual property that may be exercised by the intellectual property owner in order to realize the rights and enjoy the benefits. The negative power of intellectual property rights refers to the content of the right of the right holder to prohibit others from committing specific infringement acts and exclude the specific interference of others.

Legal analysis: the income of intellectual property rights is the right of possession, use, income and disposal of intellectual property rights enjoyed by the owner in accordance with the law, it first depends on the type of intellectual property rights, for example, patents, copyrights, trademarks, enterprise names, geographical indications, trade secrets, etc., because of their different types, the income is also different.

Generally speaking, the patentee's income is considered from the following points: (1) the profit is realized through implementation. (2) Exchange of realized benefits: licensing, transfer, appraisal financing, etc.

Legal basis: Civil Code of the People's Republic of China

Article 123: Civil entities enjoy intellectual property rights in accordance with law.

a) the work; 2) Hair marking, utility models, and designs;

c) trademarks; 4) geographical indications;

5) Trade secrets;

6) Layout design of integrated circuits;

vii) new plant varieties;

8) Other subject matter provided for by law.

Article 240:Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.

Article 241: The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

Intellectual property rights refer to the exclusive rights that people enjoy in accordance with the law on the fruits of their intellectual labor, and are usually the exclusive rights or exclusive rights granted by the state to the creators for a certain period of time to congratulate the results of their intellectual labor. It mainly includes copyrights, patents and trademarks. Intellectual property is essentially an intangible property right, and its object is an intellectual achievement or intellectual product, an intangible property or a disembodied spiritual wealth, and a labor result created by creative intellectual labor.

It is the same as tangible financial and silver products such as houses and cars, which are protected by national laws and have value and use value. Some major patents, well-known trademarks or works are also worth much more than tangible assets such as houses and cars.

Article 123 of the Civil Code of the People's Republic of China: Civil entities enjoy intellectual property rights in accordance with law. Intellectual property rights are the exclusive rights enjoyed by the right holder in accordance with the law in respect of the following subject matter: (1) works; (2) Inventions, utility models, and designs; c) trademarks; 4) geographical indications; 5) Trade secrets; 6) Layout design of integrated circuits; vii) new plant varieties; 8) Other subject matter provided for by law.

Article 127 of the Civil Code of the People's Republic of China: Where laws have provisions on the protection of data and online virtual assets, follow those provisions. Article 130 of the "Civil Code of the People's Republic of China" provides that the subject of the banquet shall exercise its civil rights in accordance with its own wishes and in accordance with law, without interference. Article 132 of the Civil Code of the People's Republic of China: Civil entities must not abuse civil rights to harm the national interest, the societal public interest, or the lawful rights and interests of others.

Intellectual property income refers to the value brought to the property owner by the intellectual property rights of the intellectual archives. Because the value of intellectual property cannot be measured when it is not placed on the market, it is an intangible asset. For example, if a writer creates his work that is not open to the market, it may be priceless to himself, but it may not be of value to others.

After the market is opened, due to customer evaluation, market promotion and other reasons, there will be corresponding **. In the case of the division of marital property, it is equally impossible to divide something of uncertain value. Therefore, the division of the proceeds of intellectual property needs to reflect its value.

At the same time, it is determined whether it is marital property according to the time when the relationship between husband and wife is established.

1. What intellectual property proceeds belong to the joint property of the husband and wife.

China's Civil Code interprets the intellectual property income that belongs to the joint property of husband and wife, that is, the property income actually obtained or can be obtained during the existence of the marital relationship. According to China's Judicial Interpretation (I) of the Civil Code on Marriage and Family, there is no dispute that the intellectual property income completed and obtained before marriage is personal property and that the intellectual property income completed and obtained during marriage is joint property, and more disputes will exist in the following three situations:

1. For pre-marital completion, this part of the income obtained during the marriage will generally be recognized as pre-marital personal property. However, there are exceptions, such as the intellectual property was completed by one party before marriage, but after the other party established a marriage relationship, the other party also cooperated or made greater efforts, then the property has to be considered when dividing it.

2. For the intellectual property rights completed during the marriage, if the income is obtained after the divorce, this part of the income belongs to the income that can be clearly obtained as prescribed by law. Since the completion of a work by one spouse during the marriage relationship requires the cooperation and contribution of the other party, this part of the property shall be recognized as the joint property of the husband and wife and may be divided in the event of divorce.

3. For works completed during the marriage, but the income is not specified. If a work completed by one of the spouses during the marriage relationship has not been signed with any person for use or other commercial contracts, the income of the intellectual property cannot be clarified, and the husband and wife cannot recognize it as joint property at the time of divorce, and therefore cannot divide it.

1. What is the income of intellectual property rights1. The income of intellectual property rights is first determined by the type of intellectual property rights, for example, patents, copyrights, trademarks, enterprise names, geographical indications, trade secrets, etc., due to their different types, the income is also different. 2. The following is an example of a patent. The benefits of a patent vary depending on the purpose of the application.

Generally speaking, the patentee's income is considered from the following points: (1) the realization of income through implementation. (2) Exchange Realized Income:

Licensing, transferring, appraisal financing, etc. (3) Occupy market revenue: Occupy the market with patent pools (groups) to prevent competition from developing in the formed or future market.

4) In addition, it should be noted that according to the life cycle of the patent right and the cost of maintaining the patent right, the above-mentioned revenue strategy should be comprehensively applied in order to maximize the profit. II. How to Divide the Intellectual Property Proceeds in the Context of DivorceThe Judicial Interpretation (2) of the Marriage Law stipulates that during the existence of the marital relationship, the property income of the intellectual property rights actually obtained or that can be obtained is jointly owned by the husband and wife. Accordingly, the part of the intellectual property benefits that have been clearly obtained during the existence of the marital relationship but actually obtained after the divorce should also be jointly owned by the husband and wife.

In practice, the criterion for judging the attribution of the property proceeds of intellectual property is whether the time when the property proceeds of intellectual property have been specified is within the period of existence of the marital relationship, as follows: 1. If the time of the property proceeds of intellectual property is specified before the marriage, even if the income is actually obtained after the marriage, the income is still the pre-marital property of the individual. 2. If the property income of intellectual property rights is clearly within the period of the existence of the marital relationship, the income shall be jointly owned by the husband and wife, regardless of whether the actual income is obtained during the existence of the marital relationship or after the divorce.

3. If the time of the property income of intellectual property rights is clear after the divorce, the income is personal property.