1、 What aspects does intellectual property refer to

1. Intellectual property mainly includes copyright, patent rights, and trademark rights.

2. Copyright: also known as copyright, refers to the rights enjoyed by intellectual achievements in the fields of literature, art, and science that are original and can be expressed in a certain form. For example, in novels, paintings, music works, etc., creators have a series of rights such as publishing rights, authorship rights, and editing rights over their works.

3. Patent right: It is the exclusive right enjoyed by the inventor or its assignee to implement a specific invention or creation within a certain period of time in accordance with the law. Invention and creation include invention, utility model, and design. For example, obtaining patents for new technological solutions, new product shapes, etc. can prevent others from implementing related inventions and creations without permission for a certain period of time.

4. Trademark right: It is the exclusive and exclusive right enjoyed by the trademark owner over their trademark. Enterprises or individuals distinguish their goods or services from others through trademarks, and registered trademarks are protected by law. Without permission, others are not allowed to use the same or similar trademarks on similar or identical goods or services. In addition, intellectual property also covers aspects such as trade secrets and geographical indications.

2、 Does intellectual property income belong to both husband and wife

Whether intellectual property income belongs to both spouses needs to be judged based on the situation:

The intellectual property benefits actually obtained or clearly identifiable during the existence of the marital relationship belong to the joint property of the couple. For example, during the period of marriage, if one party's work has been published and they have received royalties, or if they have signed a contract with the publishing house specifying that they will pay royalties, all of these belong to the joint property of the couple. During the existence of the marital relationship, both spouses support each other in their daily lives, and one party receives intellectual property benefits while the other contributes.

2. Intellectual property acquired before marriage and income generated after marriage. If the income is generated based on the pre marital intellectual property rights paid after marriage, such as income obtained through creative modifications after marriage, then the income belongs to the joint property of the couple; If it is only a natural increase in value without any additional contributions after marriage, then this portion of income belongs to personal property.

The intellectual property benefits obtained after divorce generally do not belong to the joint property of husband and wife, as the marital relationship has been terminated and the other party no longer participates in the distribution of related benefits.

3、 Is intellectual property the right of control

Intellectual property is the right of control. The specific analysis is as follows:

The definition of dominance is the right of the right holder to directly control the object of the right and enjoy its benefits. Its characteristic is that the rights holder can manage and dispose of the object of rights without the cooperation of others.

2. Intellectual property conforms to the characteristics of ownership. Intellectual property owners have direct control over their intellectual achievements and other objects. For example, the patentee has the right to implement their patented technology themselves, license it to others for use, or transfer it, without the need for active assistance from others to realize these rights. The copyright owner can also exercise control over their works through copying, distribution, rental, and other means. The trademark owner may exclusively use their trademark on the approved goods or services, or authorize others to use it.

Although the exercise of intellectual property rights may be subject to certain restrictions, such as fair use, compulsory licensing, etc., this does not affect its essential nature as a governing right.