CONCLUDED THAT THE CLAUSE REQUIRING THE LICENSEES TO ACKNOWLEDGE WINDSURFING INTERNATIONAL ' S TRADE-MARKS WAS OF SUCH A NATURE AS TO RESTRICT THE LICENSEES ' COMPETITIVENESS AND THEREFORE SATISFIED THE FIRST OF THE CONDITIONS FOR THE APPLICATION OF ARTICLE 85 ( 1 ).
82 THE SIXTH CLAUSE AT ISSUE PROVIDES FOR THE OBLIGATION ON THE LICENSEES TO RESTRICT PRODUCTION OF THE LICENSED PRODUCT TO A SPECIFIC MANUFACTURING PLANT IN THE FEDERAL REPUBLIC OF GERMANY , TOGETHER WITH WINDSURFING INTERNATIONAL ' S RIGHT TO TERMINATE THE AGREEMENT IMMEDIATELY SHOULD THE LICENSEES CHANGE THEIR PRODUCTION SITE .
83 WINDSURFING INTERNATIONAL MAINTAINS THAT THAT PROHIBITION WAS COVERED BY THE SPECIFIC SUBJECT-MATTER OF THE PATENT IN SO FAR AS IT WAS INTENDED TO ENABLE THE LICENSOR TO MAINTAIN QUALITY CONTROLS IN RESPECT OF PRODUCTION FOR THE GERMAN MARKET . FURTHERMORE , EVEN IF SUCH A PROHIBITION WAS INCOMPATIBLE WITH ARTICLE 85 IT DID NOT AFFECT COMPETITION BECAUSE THE MANUFACTURE OF SAILBOARDS REPRESENTS A CONSIDERABLE INVESTMENT AND IT WAS THEREFORE IMPROBABLE THAT A SAILBOARD MANUFACTURER WOULD OPERATE IN DIFFERENT COUNTRIES .
84 THE COMMISSION CONTENDS THAT TO SPEAK OF QUALITY CONTROLS IS MISCONCEIVED WHERE NUMEROUS LICENSEES HAD COMPONENTS OF THE SAILBOARDS IN THEIR RANGE MANUFACTURED IN THE FEDERAL REPUBLIC OF GERMANY BY SUB-CONTRACTORS OVER WHOM WINDSURFING INTERNATIONAL HAD NO CONTROL . MOREOVER , WHERE THE MANUFACTURE OF COMPONENTS IS FARMED OUT TO SUB-CONTRACTORS THE INVESTMENTS REQUIRED ARE VERY SMALL , AND THIS FACILITATES PRODUCTION ABROAD .
85 WINDSURFING INTERNATIONAL CLEARLY CANNOT RELY ON THE SPECIFIC SUBJECT-MATTER OF THE PATENT IN ORDER TO GAIN THE PROTECTION AFFORDED BY THE PATENT IN A COUNTRY WHERE THERE IS NO PATENT PROTECTION . IN SO FAR AS WINDSURFING INTERNATIONAL PROHIBITED ITS LICENSEES FROM ALSO MANUFACTURING THE PRODUCT IN A COUNTRY WHERE IT HAD NO PATENT PROTECTION AND SO MARKETING THAT PRODUCT WITHOUT PAYING A ROYALTY , IT LIMITED FREEDOM OF COMPETITION BY MEANS OF A CLAUSE WHICH HAD NOTHING TO DO WITH THE PATENT .
86 THAT CONCLUSION IS NOT IN ANY WAY AFFECTED BY THE ARGUMENT BASED ON WINDSURFING INTERNATIONAL ' S NEED TO MAINTAIN QUALITY CONTROLS OVER THE PRODUCTS OF ITS LICENSEES . IT SHOULD BE POINTED OUT THAT , AS HAS BEEN STATED EARLIER , QUALITY CONTROLS ARE PERMISSIBLE ONLY WITH REGARD TO THE PATENTED PRODUCT ITSELF AND ON THE BASIS OF OBJECTIVE CRITERIA LAID DOWN IN ADVANCE , AND THAT THOSE CONDITIONS ARE NOT MET HERE . IT SHOULD ALSO BE NOTED THAT A CHANGE OF PRODUCTION SITE WOULD NOT SEEM TO HAVE ANY GREAT SIGNIFICANCE FOR THE PURPOSES OF QUALITY CONTROLS IN A SITUATION WHERE , EVEN IN THE FEDERAL REPUBLIC OF GERMANY , THE MANUFACTURE OF COMPONENTS IS OFTEN FARMED OUT TO SUB-CONTRACTORS .
87 FINALLY , AS FAR AS THE TRANSFER OF PRODUCTION ABROAD IS CONCERNED , NO GREAT COSTS ARE INVOLVED , PARTICULARLY WHERE PRODUCTION IS CONTRACTED OUT .
88 IT MUST THEREFORE BE CONCLUDED THAT THE CLAUSES IN THE AGREEMENTS PROHIBITING WINDSURFING INTERNATIONAL ' S LICENSEES FROM OPTING TO START