Legislative Approaches on the Expected Earnings Attribution of Intellectual Property after Divorce
Cao Xianxin Yao Jianjun
There is a debate on the ownership of expected earnings of intellectual property in the academic circle. Although the personal property theory and the common property theory are rational in some extent, but they are inadequate and are needed to improve in many aspects. To address these problems, we need to examine the existing theories and make new arrangements for the system design. The best way to solve the problem of expected earnings of intellectual property after divorce are three compensation approaches which are to compensate the value of household jobs, to compensate the loss of interest arising from career opportunities and to compensate the loss of common property transformed into personal property during the existence of marriage.