Screenshot of TV play Dragon City.
Tianshan.com - Xinjiang Legal Daily reporter Zhang Xiu, correspondent Lan Jiayu
The modern family ethics drama "Dragon City", starring Ma Yili and Bai Yu, is now on the air. It tells the story of the three brothers and sisters of the Zheng family who live in Dragon City and warm each other after experiencing various setbacks.
Don't talk much, just tell the story. In 2008, Zheng Dongni (Ma Yili) returned to Longcheng with her son and was very excited to find the changes in Longcheng. She plans to divorce her husband, Fang Jinghui, and intends to start her own business. The capital of entrepreneurship is her husband's invention patent - the latest foreign environmental protection technology.
When Zheng Dongni's cousin, Zheng Xijue (Bai Yu), learns of this plan, he worries slightly: Can it work?
Screenshot of TV play Dragon City
I believe many people have the same question as Zheng Xiju when they see here.
Xiaofa wants to ask: Is the husband's invention patent also the wife's property?
Pu Keke, vice president of the People's Court of Urho District, introduced that intellectual property is a right based on intellectual creativity, and is a kind of exclusive right that the law gives the owner of intellectual products to enjoy on their intellectual creation achievements.
The income from intellectual property shall refer to the remuneration obtained after the publication, performance and broadcasting of the work, or the remuneration obtained by allowing others to use it, or the remuneration obtained by the patentee from transferring the patent right or allowing others to use its patent.
According to Article 1062 of the Civil Code of the People's Republic of China and Article 24 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (I), during the marriage relationship, the intellectual property gains actually obtained or clearly available are the joint property of husband and wife.
In specific practice, the intellectual property benefits recognized by the court as the joint property of husband and wife refer to the benefits obtained or expected during the marriage relationship. The expected income can be inferred from the transfer contract and other documents to prove that the relevant income belongs to the property income that can be obtained clearly.
In the play, Fang Jinghui sues Zheng Dongni to the court for illegally transferring patents. It turned out that Zheng Dongni felt that Fang Jinghui had given her the patent as a wedding gift, but the gift had no legal effect at all.
Screenshot of TV play Dragon City
So, can intellectual property be donated? How are the property rights and interests of intellectual property generally handled?
Pococo: You can give it as a gift.
Intellectual property rights are property rights acquired according to law. The obligee may dispose of his rights according to law according to his own will, either by charging transfer fees for transfer with compensation or by means of donation.
It should be noted that the second paragraph of Article 10 of the Patent Law of the People's Republic of China stipulates that "where the right of patent application or patent right is assigned, the parties concerned shall conclude a written contract, register with the patent administration department under the State Council, and the patent administration department under the State Council shall announce it. The assignment of the right of patent application or patent right shall take effect from the date of registration." In other words, Before the patent right is registered for change, the donor may revoke the gift.
More and more people have intellectual property rights in their lives. However, due to the long period of realization of intellectual property rights, it is difficult to realize property benefits immediately. Therefore, the division of intellectual property benefits is a new problem faced by many families.
Generally speaking, intellectual property rights, as a kind of intellectual property rights, have strong personal dependence, and are usually registered in the name of one person or obtained independently by one person. If at the time of divorce, the intellectual property acquired by one party has not yet generated economic benefits, based on the personal nature of intellectual property, the court usually judges that it is owned by one party in divorce proceedings.
However, the property rights and interests of intellectual property need to be subdivided according to the specific circumstances: if one party obtains intellectual property rights during marriage, but does not specify the specific benefits brought by the intellectual property rights, the benefits obtained by one party's publication, investment and other reasons after divorce cannot be divided as the joint property of husband and wife; If one party enjoys intellectual property rights, regardless of whether he or she obtained them during marriage, the property gains generated from the intellectual property rights during the marriage are the joint property of husband and wife; If at the time of divorce one party has not obtained the intellectual property rights of economic benefits, it shall be owned by the other party. When dividing the joint property of the husband and wife, the other party may be given appropriate care according to the specific circumstances.
In addition, the husband and wife can agree on the ownership of the intellectual property and the distribution of its potential benefits, so as to avoid disputes after divorce.
How about the follow-up of this patent? Can Zheng Dongni achieve his wish? Welcome you and Xiaofa to continue to pursue drama and learn methods together.
[Editor in charge: Ning Yanli]
