Abstract：Marriage Law in force now provides, non-personal intellectual property rights acquired by the spouse during the marriage belong to himself or herself, which is not appropriate. The reasons are as follows: firstly, income like “pay and bonus” or “earnings from production and operation”, is also of property; secondly, in effect it is acquired by both of spouses; thirdly, whether during the marriage compensation for his spouse’s work by the joint ownership of earnings from intellectual property rights, or when spouses divorce by allowing the non-owner to gain more community property, is not right; fourthly, if it belongs to spouses, creative activity of owner will not be damaged, exertion of the intellectual property rights will not be disturbed, and license or transfer will not be affected; in addition, it will make for the non-owner spouse and their children, maintain stability of marriage; lastly, many countries adopting the community system tend to provide it belong to spouses.
张学军. 论夫妻一方婚后所得财产性知识产权的归属[J]. , 2013, 1(3): 33-45.
ZHANG Xue jun. On Ownership of Non-personal Intellectual Property Rights Acquired By Spouse during the Marriage. , 2013, 1(3): 33-45.
2013, Vol. 1 
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