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编辑同志: 我丈夫刘某是作家。最近,我们双方因为感情不和,经过协商双方同意离婚。但是,在分割财产时,产生了争议,主要是他写的一部长篇小说已与出版社签了出版合同,如果产生效益这将是一笔不小的收入。因这部小说是在婚姻存续期间所写并交付出版的,我认为即使在离婚后,他也应把收益分一半给我。刘某却不答应,说这是还未取得收益的知识产权,在离婚时应当归他个人所有,离婚后由此取得的经济收益我也无权享有。请问:夫妻离婚时,尚未取得收益的知识产权应如何分割? 何红何红朋友: 知识产权是指民事主体依法对于自己的脑力劳动所创造的智力成果所享有的专有权利。主要有:著作
Editor's Comrade: My husband Ryu is a writer. Recently, both parties agreed to divorce through mutual agreement because of their feelings of displeasure. However, there was controversy over the division of property. The main fact was that a novel he wrote signed a publishing contract with a publishing house, which would be a fortune if it came into effect. Because the novel was written and delivered during the marriage, I think he should give me half my income even after the divorce. Liu did not agree, saying that this is not the proceeds of the intellectual property rights, should be owned by him at the time of divorce, the economic benefits I get after divorce I also have no right to enjoy. I would like to ask: When a couple divorce, the intellectual property rights have not yet been how to divide? He Honghe friends: intellectual property refers to the civil subject according to law for their intellectual work to create the intellectual property rights enjoyed by the exclusive rights. Mainly: books