rights offering
1.Using preventative legislation→judicial relief→preventative legislation as basic studying paradigm with a logical presupposition, this thesis elaborates she respective operation of the preventative legislation mechanism of rights conflict and the judicial relief mechanism of conflicting rights, gives an operative model of preventative legislation mechanism ranging from benefit judgment and choice value to legislation of technical rights and that of judicial relief mechanism of the interpretation of technical rights and substantive rights, offering some advice of law to the effective operation of this mechanism.
2.Intellectual property rights are important civil rights. In civil infringement cases, the people's court is empowered to order the infringer to bear civil responsibility for the cessation of the infringement, for the elimination of any negative effects caused by his actions, for offering apologies, and for compensation for any losses in accordance with the law. Furthermore, it is empowered to confiscate the infringer's illegal gains and/ or adjudge the infringer to criminal detention or a fine.
3.The above shall not be applicable where an application for offering or additional offering of securities investment trust fund involves foreign exchange matters, or the scope of the investment and terms of issuance are different from the currently issued securities investment trust fund, or where the SFC believes it is necessary to protect the rights of the public.
