judicial remedy
1.In allusion to the current situation that the administrative reconsideration law is implemented unsatisfiedly in China, it is necessary to set the principle of adverse alteration prohibition in administrative reconsideration procedure in accordance with the judicial remedy procedure and alien administrative remedy practice.
2.The dissertation, by analying the historical robet and development of the theory to protect trade secret, the different demand in respect of the construction of trade secret infringement and normal torts, legislation on trade secret in China and overseas as well as judicial practice, makes clear the misunderstanding concerning theconstruction of trade secret and civil judicial remedy arising from trade secret, tries to pose appropriate settlement, so as to realize the combination between theoretical research and judicial practice.
4.Where the invention-creation involved in the compulsory license relates to the semi-conductor technology, the exploitation of the compulsory license shall be limited only for public non-commercial use or to remedy a practice determined after judicial or administrative process to be anti-competitive.
