IN THE AGREEMENTS .
48 THAT CONCLUSION IS ONLY CONFIRMED BY THE APPLICANT ' S STATEMENT THAT IT UNDERTOOK NOT TO REFUSE ITS APPROVAL UNREASONABLY AND BY THE FACT THAT IT HAS VIRTUALLY NEVER REFUSED ITS APPROVAL . IT WOULD HAVE BEEN UNNECESSARY FOR WINDSURFING INTERNATIONAL TO PROMISE NOT TO REFUSE ITS APPROVAL UNREASONABLY IF THE POSSIBILITY OF REFUSAL HAD RELATED NOT TO ITS OWN DISCRETIONARY JUDGMENT BUT TO COMPLIANCE WITH WELL-DEFINED QUALITY STANDARDS NECESSARY IN ORDER TO ENSURE THAT THE TECHNICAL INSTRUCTIONS HAD BEEN CARRIED INTO EFFECT .
49 IT MUST THEREFORE BE HELD THAT WINDSURFING INTERNATIONAL ' S REAL INTEREST LAY IN ENSURING THAT THERE WAS SUFFICIENT PRODUCT DIFFERENTIATION BETWEEN ITS LICENSEES ' SAILBOARDS TO COVER THE WIDEST POSSIBLE SPECTRUM OF MARKET DEMAND .
50 IN SO FAR AS WINDSURFING INTERNATIONAL ALSO SEEKS TO JUSTIFY ITS CONTROLS BY RELYING ON THE ALLEGED LIABILITY OF A LICENSOR UNDER CALIFORNIAN LAW FOR ACCIDENTS CAUSED BY THE POOR QUALITY OF A LICENSED PRODUCT , IT MUST BE POINTED OUT THAT EVEN IF SUCH LIABILITY DOES EXIST IT DOES NOT AFFECT THE QUESTION OF THE COMPATIBILITY OF SUCH CONTROLS WITH COMMUNITY LAW .
51 AS REGARDS THE JUSTIFICATION WHICH WINDSURFING INTERNATIONAL SEEKS TO DERIVE FROM THE NEED TO PREVENT PASSING-OFF , IT MUST FIRST OF ALL BE POINTED OUT THAT THE BOARDS CANNOT BE REGARDED AS FALLING WITHIN THE SCOPE OF THE PATENT AND THAT , IN VIEW OF THAT FACT ALONE , THE PATENTEE HAD NO REASON TO INTERVENE IN DISPUTES BETWEEN THE LICENSEES OVER THE BOARDS WHICH THEY COULD MARKET .
52 THE PROTECTION AFFORDED BY THE PATENT MAY ONLY BE CLAIMED IN THE CASE OF COPIES OF PRODUCTS MANUFACTURED BY THE LICENSOR HIMSELF . IN SO FAR AS THE CLAUSE AT ISSUE ENABLED WINDSURFING INTERNATIONAL TO DETECT AND PREVENT THE SLAVISH IMITATION OF BOARDS BY LICENSEES , THERE CAN BE NO DOUBT THAT THE CLAUSE CONSTITUTED A RESTRICTION ON THE FREEDOM OF COMPETITION . IT SUBSTITUTED WINDSURFING INTERNATIONAL ' S DISCRETION FOR THE DECISIONS OF NATIONAL COURTS , WHICH WERE THE PROPER FORUM FOR ACTIONS BY LICENSEES WHO WISHED TO OBTAIN A FINDING THAT SLAVISH IMITATION HAD TAKEN PLACE .
53 HAVING REGARD TO THE FOREGOING CONSIDERATIONS , IT MUST THEREFORE BE HELD THAT THE CLAUSE REFERRED TO IN SUBPARAGRAPH ( 1 ) OF PARAGRAPH ( 1 ) OF ARTICLE 1 OF THE CONTESTED DECISION GAVE RISE TO A RESTRICTION ON COMPETITION WITHIN THE MEANING OF ARTICLE 85 ( 1 ).
54 THE SECOND OF THE CLAUSES AT ISSUE RELATES TO THE OBLIGATION ON THE LICENSEES TO SELL THE COMPONENTS COVERED BY THE GERMAN PATENT , AND THEREFORE IN PARTICULAR THE RIGS , ONLY IN CONJUNCTION WITH THE BOARDS APPROVED BY THE LICENSOR , OR IN OTHER WORDS AS COMPLETE SAILBOARDS .
55 WINDSURFING INTERNATIONAL TAKES THE VIEW THAT IN ANY EVENT A CONTRACTUAL PROVISION PROHIBITING THE SALE OF RIGS TO UNLICENSED MANUFACTURERS WAS ENTIRELY JUSTIFIED IN VIEW OF THE FACT THAT SUCH SALES WOULD HAVE ENABLED UNLICENSED MANUFACTURERS