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随着现代社会物质文明和精神文明的高度发展,知识产权比以往受到了人们的更高关注,因为它可以给人们带来财产上的收益。但是,作为一种无形财产,知识产权在权属分配上与有形财产存在比较大的差异。我国的婚姻法关于知识产权权属分配的规定并不是非常完善,因此导致了很多实践中的纠纷和社会各界对此问题的争论。本文试从知识产权的特性及取得方式等方面对婚姻关系中知识产权的权属分配进行探讨和研究。
With the advanced development of material and spiritual civilization in modern society, intellectual property has received more attention than ever before because it can bring property benefits to people. However, as an intangible property, there is a big difference between intellectual property and tangible property in the distribution of ownership. China’s marriage law provisions on the allocation of ownership of intellectual property rights is not very perfect, resulting in a lot of practice in the dispute and the community debate on this issue. This paper attempts to explore and study the distribution of ownership of intellectual property in marital relations in terms of the characteristics of intellectual property and ways of obtaining.