为排除适用本身违法规则,生效裁决书错误认定不构成搭售之事实；在适用合理分析规则时,竞争效果分析偏于模糊。论证逻辑性不强,结论说服力不强,反应审理法院先定结论而后论证,旨在维护专利池许可的合法性。司法审查折射立法态度,影响着行政审查,共同形成了宽松的审查氛围。当前我国尚处于专利滥用规制初期,要以相关指南制订为契机,建立健全专利池审查模式、审查方法、信息披露机制等,推动强化行政审查、司法审查“落地”。

The valid awards maintained the wrong facts, that the acts weren’t tie-in, in order to preclude the application of the rule of per-se illegality. But during the course of the application of the rule of reason analysis, the analysis of the competition effects was very vague. The awards’ logicality was not strict and the conclusion was not persuasive, which reflected the courts made the decisions first and then tried to demonstrate, with the aim of sustaining the validity of patents pools licenses. The judicial decisions reflected the Congress opinions, and influenced the administrative reviews, which commonly formed the loose atmosphere. At the beginning stage of regulating the patent misuse, our country should seize the opportunity of formulating the related guidelines, establish the mechanisms involving the reviewing modes, methods and information disclosure, etc, to strengthen the administrative review and realize the judicial review.

DF523

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