Property Rights to Intellectual Property: Common or Private Assets?

Article 43 of the Law on Marriage and Family 2014 stipulates that the following assets are the separate property of husband or wife:

- The separate property of husband or wife includes assets that each person had before marriage; assets inherited separately, given separately during the marriage; assets divided separately for husband or wife according to Articles 38, 39, and 40 of this Law; assets to serve the essential needs of the husband or wife and other assets that, according to the law, belong solely to a husband or wife.

- Assets formed from the separate property of husband or wife are also the separate property of the husband or wife. Profits and yields generated from separate property during the marriage shall be carried out according to Clause 1, Article 33, and Clause 1, Article 40 of this Law.

Based on Article 11 of Decree 126/2014/ND-CP, other separate property of husband or wife according to legal provisions includes:

- Property rights concerning intellectual property objects according to the provisions of intellectual property law.

- Assets for which the husband or wife establishes separate ownership rights according to judgments or decisions of the Court or other competent authorities.

- Allowances or incentives received by either husband or wife under laws on incentives for persons who rendered services to the revolution; other property rights associated with the personal identity of the husband or wife.

=> Thus, according to the above-mentioned regulations, Property rights concerning intellectual property objects are the separate property of one party of the marriage.

Respectfully!