Abstract

This article contributes to the existing literature by clarifying the conceptual distinction between intellectual property ownership rights and the allocation of economic benefits derived therefrom upon divorce, a distinction that remains insufficiently developed in Vietnamese law. The analysis is examined through a comparative international perspective, and focuses exclusively on the statutory marital property regime. The article explores the treatment of intellectual property in divorce through a comparative analysis of two representative cases in New Zealand and in the Republic of Korea. These cases illustrate the contrasting approaches adopted by common law and civil law systems toward intellectual property created or exploited during marriage. As a civil law jurisdiction, Vietnam currently lacks a clear legal framework on the classification, valuation, and division of intellectual property in divorce, resulting in inconsistent judicial outcomes. By comparing these two models, the article identifies lessons relevant to Vietnam and proposes targeted reforms, including clearer differentiation between ownership rights and economic interests, contribution-based division mechanisms, and more practical valuation guidelines for intellectual property rights, such as copyright and trademark in divorce proceedings.

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